reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06A - Background check requirements for children's administration › Section 388-06A-0220 - How will I know the status of the background check?

Current through Register Vol. 24-14, July 15, 2024
(1) If you have been approved by the
				background check:
(a) The department will
				notify you, and your prospective employer, or your supervisor, if you have
				requested a contract or approval for unsupervised access to children.
(b) The department will not directly notify
				you, and will instead continue the process for approving your application if
				you have requested a license or certification to care for children.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06A - Background check requirements for children's administration › Section 388-06A-0230 - What may I do if I disagree with the department's decision to deny me a license, certification, contract, or authorization based on the results of the background check?

Current through Register Vol. 24-14, July 15, 2024
(1)
				If you are seeking a license, or employment with a home or facility licensed by
				the children's administration, you may request an administrative hearing to
				dispute a denial of authorization for unsupervised access to children
				(chapter
				34.05 RCW). You cannot
				contest the conviction or negative action in the administrative
				hearing.
(2) Prospective volunteers
				or interns, contractors or their employees, or those seeking certification do
				not have the right to appeal the department's decision to deny authorization
				for unsupervised access to children.
(3) The employer or prospective employer
				cannot contest the department's decision on your behalf.
(4) The administrative hearing will take
				place before an administrative law judge employed by the office of
				administrative hearings (chapter 34.05 RCW).
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06A - Background check requirements for children's administration › Section 388-06A-0240 - Is the background check information released to my employer or prospective employer?

Current through Register Vol. 24-14, July 15, 2024
(1) Children's
				administration will share with employers or approved care providers only that:
(a) You are disqualified; or
(b) You have not been disqualified by the
				background check.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06A - Background check requirements for children's administration › Section 388-06A-0250 - May I request a copy of my criminal background check results?

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				will provide you a copy of your criminal background check results if you:
(a) Make the request in writing to the
				department; and
(b) Offer proof of
				identity, such as picture identification.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06B - DSHS Employee Background Checks › Section 388-06B-0010 - What is the purpose of this chapter?

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to establish standards for
				  the department of social and health services to conduct background checks for
				  department employees, applicants for employment, volunteers and student
				  interns.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06B - DSHS Employee Background Checks › Section 388-06B-0100 - Must the DSHS secretary or designee conduct background checks on all employees in department-covered positions and applicants under consideration for a covered position?

Current through Register Vol. 24-14, July 15, 2024
(1) The
				secretary of the department of social and health services or designee must
				conduct a background check, as authorized by statute, on all employees in
				covered positions; employees in sensitive positions, and applicants under final
				consideration for a covered position.
(2) A national fingerprint-based background
				check will be conducted if required by state law, federal regulations, or
				presidential directive.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06B - DSHS Employee Background Checks › Section 388-06B-0200 - What are the DSHS secretary's responsibilities in carrying out the requirements to conduct background checks?

Current through Register Vol. 24-14, July 15, 2024
The DSHS secretary or designee will:
(1) Develop policies and guidelines
				pertaining to background checks. The department's background check policies and
				guidelines must minimally address the following:
(a) Process for identifying
				department-covered positions;
(b)
				Notification to employees and applicants that a background check is required
				for covered positions;
(c) When
				employees and applicants may be hired on a conditional basis pending the
				results of a background check;
(d)
				When a character, competence, and suitability review will be required to
				determine if the applicant and/or employee may have unsupervised access to
				vulnerable adults, juveniles and children;
(e) When rechecks may be initiated;
(f) What happens when a permanent DSHS
				employee is denied a department-covered position because of a background check
				or failure to authorize a background check to include:
(i) Employment options available when a
				permanent employee is disqualified from holding a department covered
				position;
(ii) Interim measures
				available while exploring employment options;
(iii) Process that will be used to identify
				non-covered department positions; and
(iv) Specific time-frame allowed for
				exploration of employment options prior to separation of a permanent
				employee.
(g) When an
				employee may request a review of a disqualification for employment in a covered
				position;
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06B - DSHS Employee Background Checks › Section 388-06B-0300 - What information is considered in a background check conducted by DSHS and how are the results of the background check used?

Current through Register Vol. 24-14, July 15, 2024
(1) The background check information
				considered by the DSHS secretary or designee will include but is not limited to
				conviction records, pending charges, and civil adjudications as defined in
				RCW
				 43.43.830.
(2) The background information must be used
				by DSHS to determine the character, competence, and suitability of the
				applicant and/or employee to have unsupervised access to vulnerable adults,
				juveniles and children.
(3) If the
				applicant or employee's criminal history was reviewed in 2002 by DSHS through
				its background assessment review team (BART) process, and if DSHS determined
				the employee could remain in a covered position, the applicant or employee will
				not be disqualified based upon criminal history, including his or her
				conviction record, that was known and considered during the BART
				process.
(4) Background information
				that was the subject of a pardon, annulment, or other equivalent procedure will
				not disqualify an applicant and/or employee from having unsupervised access to
				vulnerable adults, juveniles and children.
(5) Results of a background check may be
				discoverable pursuant to the rules of civil discovery, or subject to disclosure
				pursuant to a public records request.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06B - DSHS Employee Background Checks › Section 388-06B-0400 - Must an employee or applicant authorize the secretary of the department of social and health services or designee to conduct a background check and what happens if the employee or applicant does not provide authorization?

Current through Register Vol. 24-14, July 15, 2024
(1) An employee
				and/or applicant applying for or being considered for retention in a
				department-covered position must authorize the secretary of DSHS or designee to
				conduct a background check which may include fingerprinting when required by
				state or federal law or regulations.
(2) Failure to authorize the DSHS secretary
				or designee to conduct a background check shall disqualify an employee or
				applicant from consideration for any covered position including their current
				covered position.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part A - GENERAL INFORMATION ABOUT THE DIVISION OF CHILD SUPPORT › Section 388-14A-1000 - The DSHS division of child support is the Title IV-D child support enforcement agency for the state of Washington

Current through Register Vol. 24-14, July 15, 2024
(1) The division of child support (DCS) is
				  the part of the department of social and health services that provides child
				  support enforcement services for the state of Washington under Title IV-D of
				  the federal Social Security Act. DCS acts as the Washington state support
				  registry (WSSR) under
				  chapter
				  26.23 RCW.
(2) If your support order requires you to
				  make payments to DCS or to WSSR, send payments to: WSSR, P.O. Box 45868,
				  Olympia WA 98504-5868.
(3) If you
				  want to call DCS, you can call 1-800-442-KIDS, or call the local DCS field
				  office.
(4) If you want to write to
				  DCS, you can write to P.O. Box 9162, Olympia WA 98507-9162 or to the local DCS
				  field office.
(5) DCS is
				  responsible for the statewide administration of wage withholding under Title
				  IV-D.
(6) DCS is the agency
				  referred to in federal law as "the Title IV-D agency," and performs all duties
				  assigned to the Title IV-D agency.
Statutory Authority:
						RCW
						74.08.090. 01-03-089, § 388-14A-1000,
						filed 1/17/01, effective 2/17/01. Formerly WAC 388-14-010 and
						388-14-210.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part A - GENERAL INFORMATION ABOUT THE DIVISION OF CHILD SUPPORT › Section 388-14A-1005 - What is Washington's state plan under Title IV-D?

Current through Register Vol. 24-14, July 15, 2024
(1) The division of child support (DCS), on
				  behalf of the department of social and health services of the state of
				  Washington, has established the following provisions as the state plan (the
				  "plan") for its child support enforcement program. This plan is authorized by
				  Title IV-D of the Social Security Act and
				  chapters
				  74.20 and
				  74.20A RCW. This plan covers the
				  entire state of Washington.
(2) DCS
				  is the organization within the state of Washington that administers the
				  plan.
(3) DCS enters into contracts
				  for child support enforcement and related services with:
(a) Other state agencies;
(b) Indian tribes, county prosecutors and
				  court clerks in the state of Washington;
(c) Other states or foreign countries for
				  action under the Uniform Interstate Family Support Act (UIFSA) and other laws
				  to enforce or collect child support, locate noncustodial parents, or establish
				  paternity. These contracts may include procedures for:
(i) Making referrals;
(ii) Assigning debts;
(iii) Reporting actions and activities;
				  and
(iv) Coordinating activities
				  under and ensuring compliance with UIFSA.
(d) Private parties;
(e) The secretary of the Department of Health
				  and Human Services to refer and certify cases:
(i) To the federal parent locator service
				  (FPLS);
(ii) To the secretary of
				  the treasury for action to collect support debts; and
(iii) For action in the United States
				  district courts to enforce support debts.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part A - GENERAL INFORMATION ABOUT THE DIVISION OF CHILD SUPPORT › Section 388-14A-1010 - What are the other names that the division of child support has used?

Current through Register Vol. 24-14, July 15, 2024
(1) The division of
				  child support (DCS) has been known by many names including:
(a) The office of support enforcement
				  (OSE);
(b) The support enforcement
				  division (SED);
(c) The state's
				  Title IV-D agency; and
(d) The
				  Washington State Support Registry (WSSR).
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part A - GENERAL INFORMATION ABOUT THE DIVISION OF CHILD SUPPORT › Section 388-14A-1015 - What laws regulate the actions of the division of child support?

Current through Register Vol. 24-14, July 15, 2024
(1) The following
				  are the primary state and federal laws which apply to the division of child
				  support (DCS):
(a) Title IV-D of the Social
				  Security Act sets out the federal requirements for a state's support
				  enforcement program.
(b)Title 45 of
				  the Code of Federal Regulations contains the federal regulations regarding
				  support enforcement programs.
(c)Chapter 26.23 RCW establishes the
				  Washington state support enforcement program.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part A - GENERAL INFORMATION ABOUT THE DIVISION OF CHILD SUPPORT › Section 388-14A-1025 - What are the responsibilities of the division of child support?

Current through Register Vol. 24-14, July 15, 2024
(1) The division of
				  child support (DCS) provides support enforcement services when:
(a) The department of social and health
				  services pays public assistance or provides foster care services;
(b) A former recipient of public assistance
				  is eligible for services, as provided in WAC
				  388-14A-2000(2)(c);
(c) A custodial parent (CP) or noncustodial
				  parent (NCP) requests nonassistance support enforcement services under
				  RCW
				   74.20.040 and WAC
				  388-14A-2000;
(d) A support order or wage assignment order
				  under chapter 26.18
				  RCW directs the NCP to make support payments through the Washington state
				  support registry (WSSR);
(e) A
				  support order under which there is a current support obligation for dependent
				  children is submitted to the WSSR;
(f) A former custodial parent (CP) requests
				  services to collect a support debt accrued under a court or administrative
				  support order while the child(ren) resided with the CP;
(g) A child support enforcement agency in
				  another state or foreign country requests support enforcement services;
				  or
(h) A child support agency of an
				  Indian tribe requests 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 A - GENERAL INFORMATION ABOUT THE DIVISION OF CHILD SUPPORT › Section 388-14A-1030 - What kinds of services can the division of child support provide?

Current through Register Vol. 24-14, July 15, 2024
The services provided by the division of child support
					 include, but are not limited to the following:
(1) Receiving payments and distributing the
				  payments (see WAC
				  388-14A-5000);
(2) Establishing or modifying administrative
				  child support orders (see WAC
				  388-14A-3100 and
				  388-14A-3925);
(3) Enforcing and modifying court orders for
				  child support or maintenance (see WAC
				  388-14A-3304,
				  388-14A-3310 and
				  388-14A-3900);
(4) Referral to the prosecuting attorney for
				  establishment of paternity;
(5)
				  Providing locate services as provided in WAC
				  388-14A-1035;
(6) Referral for welfare to work services in
				  conjunction with other parts of DSHS, the employment security department (ESD)
				  and private contractors;
(7)
				  Cooperation with the IV-D agencies of Indian tribes and other states, and the
				  central authorities of other countries (see WAC
				  388-14A-1060); and
(8) Providing any other services allowed by
				  the state plan and applicable state and federal law.
Statutory Authority:
						RCW
						26.23.120,
						34.05.350(1)(b),
						43.20A.550,
						74.04.055,
						74.08.090,
						74.20.040(9),
						74.20A.310 and 45 C.F.R. Parts
						301.1, 302.36, 303.7, 303.11, 305.63, and 308.2. 13-01-075, §
						388-14A-1030, filed 12/18/12, effective 1/18/13. Statutory Authority:
						RCW
						 74.08.090,
						34.05.310(4)(d)
						 and  45 C.F.R. 303.106. 03-20-072, § 388-14A-1030, filed 9/29/03, effective
						10/30/03. Statutory Authority:
						RCW
						 74.08.090,  45 C.F.R. 303.106. 01-03-089,
						§ 388-14A-1030, filed 1/17/01, effective 2/17/01. Formerly WAC
						388-14-205.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part A - GENERAL INFORMATION ABOUT THE DIVISION OF CHILD SUPPORT › Section 388-14A-1035 - What kinds of locate services does the division of child support provide?

Current through Register Vol. 24-14, July 15, 2024
The division of child support (DCS) maintains a service to
					 locate noncustodial parents, using:
(1) All sources of information and available
				  records in Washington or other states; and
(2) The federal parent locator service (FPLS)
				  maintained by the federal Department of Health and Human Services.
Statutory Authority:
						RCW
						74.08.090. 01-03-089, § 388-14A-1035,
						filed 1/17/01, effective 2/17/01. Formerly WAC
						388-14-350.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part A - GENERAL INFORMATION ABOUT THE DIVISION OF CHILD SUPPORT › Section 388-14A-1036 - Who can request DCS locate services?

Current through Register Vol. 24-14, July 15, 2024
DCS provides locate services for:
(1) Persons receiving public assistance for
				  the benefit of dependent children;
(2) Any agency or attorney of another state
				  or country seeking to collect support obligations under an agreement entered
				  into with DCS;
(3) A court which
				  has the authority to issue an order against a noncustodial parent (NCP) for the
				  support and maintenance of a child;
(4) The custodial parent (CP), legal
				  guardian, attorney or agent of a child who does not receive public assistance,
				  and has not applied for full support enforcement services;
(5) The IV-D agency of another
				  state;
(6) The child support agency
				  of an Indian tribe or another country; and
(7) Those persons authorized by
				  45 C.F.R.
				  303.15 to use the FPLS in connection with
				  parental kidnaping or child custody cases.
Statutory Authority:
						RCW
						26.23.120,
						34.05.350(1)(b),
						43.20A.550,
						74.04.055,
						74.08.090,
						74.20.040(9),
						74.20A.310 and 45 C.F.R. Parts
						301.1, 302.36, 303.7, 303.11, 305.63, and 308.2. 13-01-075, §
						388-14A-1036, filed 12/18/12, effective 1/18/13. Statutory Authority:
						RCW
						 74.08.090. 01-03-089, § WAC
						388-14A-1036, 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 A - GENERAL INFORMATION ABOUT THE DIVISION OF CHILD SUPPORT › Section 388-14A-1040 - What must a request for locate services contain?

Current through Register Vol. 24-14, July 15, 2024
A request or referral asking the division of child support
					 (DCS) to provide locate services must contain the following information:
(1) The name of the noncustodial parent
				  (NCP);
(2) The NCP's Social
				  Security number, if known;
(3)
				  Whether NCP is now or has been a member of the armed services;
(4) Whether NCP is now receiving or has
				  received any federal benefits;
(5)
				  A request for a referral to the federal parent locator service
				  (FPLS);
(6) A statement that the
				  request is being made to locate a person only for one of the following
				  purposes:
(a) Establishing
				  paternity,
(b) Securing support,
				  or
(c) In connection with parental
				  kidnaping or child custody cases.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part A - GENERAL INFORMATION ABOUT THE DIVISION OF CHILD SUPPORT › Section 388-14A-1045 - What happens when I request locate services from the division of child support?

Current through Register Vol. 24-14, July 15, 2024
(1) The division of
				  child support (DCS) makes diligent and reasonable efforts to locate the
				  noncustodial parent (NCP), including referral to the federal parent locator
				  service (FPLS).
(2) A request for
				  locate services is not an application for full support enforcement
				  services.
(3) If DCS is successful
				  in locating the NCP, the case does not automatically convert to a full support
				  enforcement services case, but you may apply for full services.
(4) If DCS is unsuccessful in locating the
				  NCP using local and state resources, DCS closes the case as provided in WAC
				  388-14A-2080(12).
Statutory Authority:
						RCW
						74.08.090. 01-03-089, § 388-14A-1045,
						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 A - GENERAL INFORMATION ABOUT THE DIVISION OF CHILD SUPPORT › Section 388-14A-1050 - The division of child support cooperates with tribes and other states and countries for support enforcement purposes

Current through Register Vol. 24-14, July 15, 2024
The division of child support (DCS) cooperates with the
					 IV-D agencies of tribes and other states and the central authorities of other
					 countries, according to rules and policies set by the Secretary of the
					 Department of Health and Human Services and/or the federal Office of Child
					 Support Enforcement (OCSE). Areas of cooperation include:
(1) Establishing paternity;
(2) Locating a noncustodial parent (NCP) who
				  resides in Washington;
(3)
				  Enforcing the support obligation of an NCP who resides in Washington but whose
				  support order was entered by an Indian tribe or another state or country;
				  and
(4) Any other functions
				  required under a Title IV-D plan.
Statutory Authority:
						RCW
						26.23.120,
						34.05.350(1)(b),
						43.20A.550,
						74.04.055,
						74.08.090,
						74.20.040(9),
						74.20A.310 and 45 C.F.R. Parts
						301.1, 302.36, 303.7, 303.11, 305.63, and 308.2. 13-01-075, §
						388-14A-1050, filed 12/18/12, effective 1/18/13. Statutory Authority:
						RCW
						 74.08.090. 01-03-089, § 388-14A-1050,
						filed 1/17/01, effective 2/17/01. Formerly WAC
						388-14-360.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part A - GENERAL INFORMATION ABOUT THE DIVISION OF CHILD SUPPORT › Section 388-14A-1055 - Can the division of child support collect support owed or assigned to another state, tribe or country?

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  division of child support (DCS) may, at the request of an Indian tribe or
				  another state, collect child support which has been assigned to that tribe,
				  state under 42 U.S.C.
				  608(a)(3)(A), or another
				  country according to the laws of that country.
(2) DCS uses the remedies in
				  chapters
				  26.23,
				  74.20 and
				  74.20A RCW to collect support on
				  behalf of another state, tribe, country or IV-D agency.
Statutory Authority:
						RCW
						26.23.120,
						34.05.350(1)(b),
						43.20A.550,
						74.04.055,
						74.08.090,
						74.20.040(9),
						74.20A.310 and 45 C.F.R. Parts
						301.1, 302.36, 303.7, 303.11, 305.63, and 308.2. 13-01-075, §
						388-14A-1055, filed 12/18/12, effective 1/18/13. Statutory Authority: RCW
						 26.21.016,
						34.05.020,
						74.08.090,
						74.20.040(3),
						74.20A.310. 06-06-078, §
						388-14A-1055, filed 2/28/06, effective 3/31/06. Statutory Authority:
						RCW
						 74.08.090. 01-03-089, § 388-14A-1055,
						filed 1/17/01, effective 2/17/01. Formerly WAC
						388-14-365.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part A - GENERAL INFORMATION ABOUT THE DIVISION OF CHILD SUPPORT › Section 388-14A-1060 - The division of child support cooperates with courts and law enforcement

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  division of child support (DCS) is authorized to enter into cooperative
				  arrangements and written agreements including financial arrangements with the
				  appropriate courts and law enforcement officials (including Indian tribes) to
				  assist DCS in administering the state plan for support enforcement.
(2) These cooperative arrangements include
				  the investigation and prosecution of fraud related to paternity and child
				  support.
(3) DCS shares the federal
				  funds it receives under  42 U.S.C. 655  according to the cooperative and
				  financial agreements.
(4) Any
				  support payments that are made by a noncustodial parent (NCP) after DCS refers
				  a case to a court or law enforcement official must be submitted to the
				  Washington state support registry.
Statutory Authority:
						RCW
						74.08.090. 01-03-089, § 388-14A-1060,
						filed 1/17/01, effective 2/17/01. Formerly WAC
						388-14-370.
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-2000 - Who can receive child support enforcement services from the division of child support?

Current through Register Vol. 24-14, July 15, 2024
(1) The division of
				  child support (DCS) provides payment processing and records maintenance
				  services (called "payment services only") to parties to a court order who are
				  not receiving a public assistance grant when:
(a) A Washington superior court order, tribal
				  court order, administrative order, or wage assignment order under
				  chapter
				  26.18 RCW directs payments
				  through DCS or through the Washington state support registry (WSSR);
(b) The custodial parent (CP) of a dependent
				  child or a noncustodial parent (NCP) requests payment services only, provided
				  that:
(i) An NCP's request for payment
				  services only may not cause a reduction of service from the level of service
				  provided under section (2) of this section; and
(ii) The support obligation is set by a
				  Washington state superior court order, tribal court order, administrative order
				  or wage assignment order, directing payment to DCS or to WSSR.
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-2005 - When does an application for public assistance automatically become an application for support enforcement services?

Current through Register Vol. 24-14, July 15, 2024
(1) When a custodial parent (CP) or physical
				  custodian (also called the CP) applies for or receives cash assistance on
				  behalf of a minor child, the family authorizes the division of child support
				  (DCS) to provide full support enforcement services to the family.
(2) These services continue until the support
				  enforcement case is closed under WAC
				  388-14A-2080.
(3) The CP's public assistance application is
				  an assignment of support rights.
(4) An application for medicaid, medical
				  assistance or medical benefits under Title XIX of the federal Social Security
				  Act is an assignment of the medical support rights of anyone receiving those
				  benefits, and the CP authorizes DCS to provide support enforcement services to
				  the family as follows:
(a) DCS provides full
				  support enforcement services as provided under subsection (1) above for a
				  family receiving cash assistance, or under WAC
				  388-14A-2000(2)(d) to a family receiving medicaid-only
				  benefits;
(b) As set forth in WAC
				  388-14A-2000(3),
				  DCS provides only payment processing, records maintenance, paternity
				  establishment, medical support establishment and medical support enforcement
				  services when a recipient of medicaid-only benefits declines full support
				  enforcement services in writing.
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-2010 - Can I apply for support enforcement services if I do not receive public assistance?

Current through Register Vol. 24-14, July 15, 2024
(1) If you are
				  not receiving public assistance, you can apply for support enforcement
				  services. Your case is called a nonassistance case. A nonassistance case
				  receives the same level of services as a case that was opened because of the
				  payment of public assistance.
(2)
				  Generally, the person applying for nonassistance support enforcement services
				  is the custodial parent or former custodial parent of a child. However, the
				  noncustodial parent may apply for services as well, as provided in WAC
				  388-14A-2000(2)(b), (c) and
				  (f).
(3) A person wishing to apply for
				  nonassistance support enforcement services must submit a written application
				  for support enforcement services except as provided in WAC
				  388-14A-2000(2)(d);
				  and
(a) Have or have had physical custody of
				  the child for whom support is sought, or for whom a support debt has accrued,
				  or be the person with whom the child resided the majority of the time for which
				  support is sought; or
(b) Be the
				  noncustodial parent.
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-2015 - Does DCS accept an application from someone who is not a resident of Washington state?

Current through Register Vol. 24-14, July 15, 2024
(1) If you are not
				  a resident of the state of Washington but you are applying for services, you
				  must swear or affirm that there is not an open IV-D case in another
				  state.
(2) The division of child
				  support (DCS) may decline the application for nonassistance support enforcement
				  services if:
(a) DCS already has an open case
				  for you which was opened at the request of another state; or
(b) Neither the custodial parent nor the
				  noncustodial parent reside, work, or own any assets in the state of
				  Washington.
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-2020 - Can the division of child support deny my application for support enforcement services?

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  division of child support (DCS) may deny an application which is incomplete,
				  contains unclear or inconsistent statements, is not supported by necessary
				  documents, or requests services DCS cannot or does not provide.
(2) DCS may deny an application from a
				  nonresident as provided in WAC
				  388-14A-2015(2).
(3) When DCS denies an application, DCS sends
				  the applicant a written notice of denial by regular mail. The notice advises
				  the applicant:
(a) Of the reasons for the
				  denial; and
(b) That the applicant
				  may request an administrative hearing to contest the denial.
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-2025 - What services does the division of child support provide for a nonassistance support enforcement case?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  The division of child support (DCS) provides full support enforcement services
				  for every IV-D case.
(2) DCS
				  provides either full or limited nonassistance support enforcement services for
				  recipients of medicaid-only benefits as provided in WAC
				  388-14A-2005(4).
(3) Some cases do not receive full support
				  enforcement services. Nonassistance cases where DCS provides payment processing
				  services are called payment services only (PSO) cases.
(4) In a PSO case, DCS provides only records
				  maintenance and payment processing services if the payee under a support order
				  does not submit an application for support enforcement services and the:
(a) Order directs support payments to DCS or
				  to the Washington state support registry (WSSR); and
(b) The clerk of the court submitted the
				  order under
				  RCW
				   26.23.050.
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-2030 - Do I assign my rights to support when I apply for child support enforcement services?

Current through Register Vol. 24-14, July 15, 2024
(1) A custodial
				  parent applying for or receiving cash assistance on behalf of a minor child
				  assigns the family's rights to support as provided in WAC
				  388-14A-2035, below.
(2) A person applying for nonassistance
				  support enforcement services does not assign support rights, but agrees to
				  cooperate with the division of child support as provided in WAC
				  388-14A-2010(3).
Statutory Authority:
						RCW
						74.08.090,
						26.23.035,
						34.05.220(1),
						74.20A.270,
						74.20A.310. 01-03-089, §
						388-14A-2030, filed 1/17/01, effective 2/17/01. Formerly WAC
						388-14-200.
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-2035 - Do I assign my rights to support when I receive public assistance?

Current through Register Vol. 24-14, July 15, 2024
(1) When you
				  receive public assistance you assign your rights to support to the state. This
				  section applies to all applicants and recipients of cash assistance under the
				  state program funded under Title IV-A of the federal Social Security
				  Act.
(2) As a condition of
				  eligibility for assistance, a family member must assign to the state the right
				  to collect and keep, subject to the limitation in subsection (3), any support
				  owing to the family member or to any other person for whom the family member
				  has applied for or is receiving assistance.
(3) Amounts assigned under this section may
				  not exceed the lesser of the total amount of assistance paid to the family or
				  the total amount of the assigned support obligation.
(4) When you receive medicaid or medical
				  benefits, you assign your rights to medical support to the state. This applies
				  to all recipients of medical assistance under the state program funded under
				  Title XIX of the federal Social Security Act:
(a) If your children receive medicaid or
				  other state-financed medical coverage through the department under chapter
				  74.09 RCW for which there is an assignment and if your order provides for the
				  payment of a monthly payment toward the premium when the obligated parent does
				  not provide coverage, the division of child support (DCS) may serve a notice of
				  support owed to establish the amount owed by the noncustodial parent as a
				  monthly payment toward the premium paid for coverage by the state, as provided
				  in WAC 388-14A-3312.
(b) Any amounts established under WAC
				  388-14A-3312 for periods while
				  your children receive medicaid or other state-financed medical coverage are
				  assigned to the state and are distributed as provided in WAC
				  388-14A-5001 through
				  388-14A-5050.
(c) Amounts assigned under this section may
				  not exceed the lesser of the total amount of premiums paid by the state for
				  your children or the total amount of the assigned monthly payment toward the
				  premium.
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-2036 - What does assigning my rights to support mean?

Current through Register Vol. 24-14, July 15, 2024
(1) As a condition of eligibility for
				  assistance, a family member must assign to the state the right to collect and
				  keep, subject to the limitation in WAC
				  388-14A-2035(3):
(a) Any support owing to the family member or
				  to any other person for whom the family member has applied for or is receiving
				  assistance if the family applied for cash public assistance before October 1,
				  2008.
(b) Support owing to the
				  family member, or to any other person for whom the family member has applied
				  for or is receiving cash public assistance, for any month during which the
				  family receives assistance.
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-2037 - What are permanently assigned arrears?

Current through Register Vol. 24-14, July 15, 2024
Permanently assigned arrears accrue only under the
					 following conditions:
(1) For those
				  periods prior to the family receiving assistance, for assistance applications
				  dated before October 1, 1997; and
(2) For those periods while a family receives
				  assistance, for assistance applications dated at any time.
Statutory Authority:
						RCW
						26.18.170,
						26.23.035,
						26.23.050,[26.23.]110, 74.20.040,
						74.20A.030, [74.20A.]055,[74.20A.]056, and 74.20A.310. 09-02-059, §
						388-14A-2037, filed 1/5/09, effective 1/27/09. Statutory Authority:
						RCW
						 74.08.090. 01-03-089, § 388-14A-2037,
						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-2038 - What are temporarily assigned arrears?

Current through Register Vol. 24-14, July 15, 2024
(1) Temporarily assigned arrears are arrears
				  owed to the family at the time TANF started, for TANF periods beginning before
				  October 1, 2008. These arrears remain temporarily assigned during the
				  assistance period.
(2) Temporarily
				  assigned arrears convert to conditionally assigned arrears when the TANF period
				  ends. See WAC
				  388-14A-2039 for a description of
				  conditionally assigned arrears.
(3)
				  If any support collections are distributed to temporarily assigned arrears,
				  those collections are retained by the state, up to the amount of unreimbursed
				  assistance.
Statutory Authority:
						RCW
						26.18.170,
						26.23.035,
						26.23.050,[26.23.]110, 74.20.040,
						74.20A.030, [74.20A.]055,[74.20A.]056, and 74.20A.310. 09-02-059, §
						388-14A-2038, filed 1/5/09, effective 1/27/09. Statutory Authority:
						RCW
						 74.08.090. 01-03-089, § 388-14A-2038,
						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-2039 - What are conditionally assigned arrears?

Current through Register Vol. 24-14, July 15, 2024
(1) Conditionally assigned arrears are any
				  temporarily assigned arrears that remain on a case after the family stops
				  receiving TANF.
(2) These arrears
				  remain conditionally assigned during TANF periods beginning on or after October
				  1, 2008.
(3) If federal tax refund
				  offset collections are distributed to conditionally assigned arrears, those
				  collections are retained by the state, up to the amount of unreimbursed
				  assistance.
(4) If support
				  collections other than federal tax refund offset collections are distributed to
				  conditionally assigned arrears, those collections are disbursed to the
				  family.
Statutory Authority:
						RCW
						26.18.170,
						26.23.035,
						26.23.050,[26.23.]110, 74.20.040,
						74.20A.030, [74.20A.]055,[74.20A.]056, and 74.20A.310. 09-02-059, §
						388-14A-2039, filed 1/5/09, effective
						1/27/09.
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-2040 - Do I have to cooperate with the division of child support in establishing or enforcing child support?

Current through Register Vol. 24-14, July 15, 2024
(1) You
				  must cooperate with the division of child support (DCS) when you receive public
				  assistance unless the department determines there is good cause not to
				  cooperate under WAC
				  388-422-0020.
(2) As described in WAC
				  388-14A-2080, DCS may close a
				  nonassistance case if the custodial parent (CP) fails to cooperate, if
				  cooperation is essential for the next step in enforcement.
(3) For purposes of this section and WAC
				  388-14A-2075, cooperating with
				  DCS includes cooperating with those acting on behalf of DCS (its
				  "representatives"), namely the prosecuting attorney, the attorney general, or a
				  private attorney paid per
				  RCW
				   74.20.350. In cases where paternity is at
				  issue, the custodial parent (CP) of a child who receives assistance must
				  cooperate whether or not the parent receives assistance.
(4) Cooperation means giving information,
				  attending interviews, attending hearings, or taking actions to help DCS
				  establish and collect child support. This information and assistance is
				  necessary for DCS to:
(a) Identify and locate
				  the responsible parent;
(b)
				  Establish the paternity of the child(ren) on assistance in the CP's care;
				  and
(c) Establish or collect
				  support payments or resources such as property due the CP or the
				  child(ren).
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-2041 - What happens if I don't cooperate with DCS while I receive public assistance?

Current through Register Vol. 24-14, July 15, 2024
(1) If you
				  receive public assistance, there may be penalties, called sanctions, for not
				  cooperating with the division of child support (DCS). These sanctions and the
				  noncooperation process are described in WAC
				  388-14A-2075. You may be
				  sanctioned if:
(a) You do not go to scheduled
				  interviews and answer questions;
(b) There is credible evidence showing that
				  you could have given the information but did not;
(c) You have been giving inconsistent or
				  false information without a good reason; or
(d) You refuse to sign or honor a repayment
				  agreement under WAC
				  388-14A-2040(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-2045 - What can I do if I am afraid that cooperating with the division of child support will be harmful to me or to my children?

Current through Register Vol. 24-14, July 15, 2024
(1) If a custodial parent (CP) receiving
				  public assistance fears that the establishment or enforcement of support may
				  result in harm to the CP or the children, the CP may be excused from the
				  cooperation requirements. The CP must contact the community services division
				  (CSD) to claim good cause not to cooperate under WAC
				  388-422-0020. The CP may claim
				  good cause:
(a) At the time of application for
				  public assistance; or
(b) At any
				  time thereafter.
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-2050 - Who decides if I have good cause not to cooperate?

Current through Register Vol. 24-14, July 15, 2024
(1) The community
				  services division (CSD) decides whether you have good cause not to cooperate
				  with the division of child support (DCS). You must tell CSD if you want to
				  claim good cause.
(a) CSD determines good
				  cause under WAC
				  388-422-0020.
(b) You may claim good cause at the time you
				  apply for public assistance, or at any time thereafter.
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-2060 - Are there different kinds of good cause for not cooperating with DCS?

Current through Register Vol. 24-14, July 15, 2024
(1) For custodial
				  parents receiving public assistance, there are two kinds of good cause granted
				  by the community services office (CSO):
(a)
				  When the CSO determines that support establishment or enforcement cannot
				  proceed at all because of a risk of danger to the custodial parent (CP) or
				  children, this is called good cause level A.
(b) When the CSO determines that support
				  establishment or enforcement can proceed without input from the CP, but that
				  good cause exists for the CP not to cooperate with DCS, this is called good
				  cause level B.