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 G - INTERGOVERNMENTAL ISSUES › Section 388-14A-7325 - How does DCS notify the parties that a determination of the controlling order is going to be made?

Current through Register Vol. 24-14, July 15, 2024
(1) When the
				  division of child support (DCS) decides that a determination of controlling
				  order is required, or when a party, IV-D agency or jurisdiction asks for a
				  determination of controlling order, DCS reviews the multiple child support
				  orders for the same obligor and children to determine which order should be
				  enforced.
(a) If DCS decides that the order
				  that should be enforced is a Washington order, DCS refers the matter to the
				  superior court for a determination of controlling order proceeding under
				  chapter 26.21A RCW.
(b) If DCS
				  decides that the order that should be enforced is an order which was not
				  entered in the state of Washington, DCS follows the procedures set out in
				  subsections (2) through (4) of this section.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part G - INTERGOVERNMENTAL ISSUES › Section 388-14A-7335 - What happens if someone objects to a notice of support debt and registration which contains a determination of the presumed controlling order?

Current through Register Vol. 24-14, July 15, 2024
(1) If any party,
				  IV-D agency or jurisdiction objects to the determination of presumed
				  controlling order issued under WAC
				  388-14A-7325, that objection must
				  be in writing and signed under penalty of perjury. The division of child
				  support (DCS) provides an objection form with the notice of support debt and
				  registration.
(2) An objection to
				  the determination of presumed controlling order must contain:
(a) The reason the party, IV-D agency or
				  jurisdiction objects. Examples of reasons to object include, but are not
				  limited to:
(i) There is another order that
				  was not considered in making the determination;
(ii) The alleged controlling order has been
				  vacated, suspended or modified by a later order, which is attached to the
				  objection;
(iii) The issuing
				  tribunal lacked personal jurisdiction over the nonpetitioning party;
(iv) The order was obtained by fraud;
				  or
(v) Any other legal defense
				  available under chapter 26.21A RCW.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part G - INTERGOVERNMENTAL ISSUES › Section 388-14A-7345 - What is the effect of a determination of controlling order on the finality of the debt calculation?

Current through Register Vol. 24-14, July 15, 2024
As provided in
					 RCW
					  26.21A.130, the final order in a proceeding
					 for determination of controlling order operates as a final determination of the
					 total amount of consolidated arrears and accrued interest, if any, under all of
					 the support orders.
Statutory Authority:
						RCW
						34.05.220(2),
						43.20A.550,
						74.04.055,
						74.08.090,
						74.20.040,
						74.20A.310. 07-08-055, §
						388-14A-7345, filed 3/29/07, effective
						4/29/07.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part G - INTERGOVERNMENTAL ISSUES › Section 388-14A-7400 - What can I do if I want to contest an intergovernmental order to withhold income served on my employer?

Current through Register Vol. 24-14, July 15, 2024
(1)RCW
				   26.21A.425 provides that a noncustodial
				  parent (NCP) may contest the validity or enforcement of an income-withholding
				  order issued by an Indian tribe or another state or country and received
				  directly by an employer in this state.
(2) Acting as an administrative tribunal
				  under chapter 26.21A RCW, the division of child support (DCS) does not have the
				  authority to quash income-withholding orders.
(3) An NCP who seeks to contest an
				  income-withholding order as described in subsection (1) must seek relief in the
				  superior court under
				  RCW
				   26.18.140.
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-7400, filed 12/18/12, effective 1/18/13. Statutory Authority:
						RCW
						 34.05.220(2),
						43.20A.550,
						74.04.055,
						74.08.090,
						74.20.040,
						74.20A.310. 07-08-055, §
						388-14A-7400, filed 3/29/07, effective
						4/29/07.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part G - INTERGOVERNMENTAL ISSUES › Section 388-14A-7500 - What can I do if I am concerned about the release of my personal information in an intergovernmental referral?

Current through Register Vol. 24-14, July 15, 2024
(1) When the division of child support (DCS)
				  refers a case to an Indian tribe or another state or country, DCS must provide
				  personal information regarding the parties to that other jurisdiction. DCS
				  notifies the party residing in Washington that we are preparing to refer your
				  case and that we must release your personal information.
(2) If you believe that it would be dangerous
				  for DCS to release your personal information to the responding jurisdiction
				  (RJ), you may make a request for nondisclosure of your personal information
				  under RCW
				   26.21A.255.
(3) The way DCS handles your request for
				  nondisclosure depends on what version of the Uniform Interstate Family Support
				  Act (UIFSA) has been adopted by the RJ where DCS is referring your case.
(a) The RJ may have enacted a version of
				  UIFSA which is similar to the version enacted by the state of Washington as
				  chapter 26.21A RCW (known as "UIFSA 2001");
(b) The RJ may have enacted a version of
				  UIFSA which is similar to the version which was formerly enacted by the state
				  of Washington as chapter 26.21 RCW (known as "UIFSA 1996"); or
(c) The RJ may not have enacted UIFSA or any
				  similar law.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part G - INTERGOVERNMENTAL ISSUES › Section 388-14A-7600 - Does DCS provide the same services in an intergovernmental case as it provides in a case where both parties reside in the state of Washington?

Current through Register Vol. 24-14, July 15, 2024
(1) When acting as
				  the responding jurisdiction in an intergovernmental child support case, the
				  division of child support (DCS) provides the full range of services available
				  under our state plan pursuant to Title IV-D of the federal Social Security Act
				  to:
(a) Another state;
(b) A Tribal IV-D program or child support
				  agency; and
(c) A country as
				  defined in  45 C.F.R. 301.1.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part G - INTERGOVERNMENTAL ISSUES › Section 388-14A-7610 - The division of child support complies with federal requirements regarding intergovernmental cases

Current through Register Vol. 24-14, July 15, 2024
As required under
					 45 C.F.R.
					 303.7(a)(3), the division of
					 child support (DCS) ensures that its organizational structure and staff are
					 adequate to provide for the administration or supervision of the functions
					 specified in  45 C.F.R. 303.20(c)  for its intergovernmental IV-D caseload,
					 including but not limited to:
(1)
				  Intake;
(2) Establishment of
				  paternity;
(3) Location of
				  noncustodial parents;
(4)
				  Establishment of child support orders;
(5) Collection and/or enforcement;
(6) Monitoring; and
(7) Review and adjustment of
				  orders.
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-7610, filed 12/18/12, effective
						1/18/13.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part G - INTERGOVERNMENTAL ISSUES › Section 388-14A-7620 - How does DCS provide information to another jurisdiction in an intergovernmental case?

Current through Register Vol. 24-14, July 15, 2024
(1) The division of
				  child support (DCS) uses federally approved forms in intergovernmental IV-D
				  cases, unless a country has provided alternative forms as part of its chapter
				  in A Caseworker's Guide to Processing Cases with Foreign Reciprocating
				  Countries.
(2) DCS uses electronic
				  means to transmit these forms unless a paper version is required under the laws
				  of Washington State or the other jurisdiction.
(3) For intergovernmental cases, DCS
				  transmits requests for information and provides requested information
				  electronically to the greatest extent possible.
(4) When using a paper version of a form, DCS
				  provides one complete set of required documents unless the laws of the
				  responding jurisdiction require multiple copies.
(5) When the child support agency of a tribe
				  or another state or country requests any order or payment record information in
				  order to perform a controlling order determination and reconciliation of
				  arrearages, DCS provides that information within thirty working days of a
				  request, or notifies the state IV-D agency when the information will be
				  provided.
(6) DCS notifies the
				  other agency within ten working days of receipt of new information on the
				  case.
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-7620, filed 12/18/12, effective
						1/18/13.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part G - INTERGOVERNMENTAL ISSUES › Section 388-14A-7630 - What limited services does DCS provide?

Current through Register Vol. 24-14, July 15, 2024
(1) For intergovernmental cases, the division
				  of child support (DCS) cooperates with requests for the following limited
				  services:
(a) Quick locate;
(b) Service of process;
(c) Assistance with discovery;
(d) Assistance with genetic
				  testing;
(e) Teleconferenced
				  hearings;
(f) Administrative
				  reviews;
(g) High-volume automated
				  administrative enforcement in interstate cases under section 466(a)(14) of the
				  act; and
(h) Copies of court orders
				  and payment records.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part G - INTERGOVERNMENTAL ISSUES › Section 388-14A-7640 - Payment and recovery of costs in intergovernmental IV-D cases

Current through Register Vol. 24-14, July 15, 2024
(1) When acting as
				  the responding agency in an intergovernmental IV-D case, the division of child
				  support (DCS) pays the costs it incurs in processing the case, including the
				  costs of genetic testing.
(2) See
				  WAC 388-14A-8300 for the rules
				  regarding payment of genetic testing costs in any IV-D case.
(3) DCS may recover its costs of providing
				  services in intergovernmental nonassistance (both never-assistance and
				  former-assistance) cases as provided under  45 C.F.R. 302.33(d), but when the
				  initiating jurisdiction is a foreign reciprocating country (FRC):
(a) DCS may not assess costs against either
				  the FRC or the custodial parent residing in an FRC; and
(b) DCS may assess costs against the
				  noncustodial parent in such a case.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part G - INTERGOVERNMENTAL ISSUES › Section 388-14A-7650 - What kind of federal audit requirements are there for intergovernmental cases?

Current through Register Vol. 24-14, July 15, 2024
(1) When the
				  division of child support (DCS) is acting as either the initiating jurisdiction
				  (IJ) or the responding jurisdiction (RJ) in an intergovernmental case, there
				  are certain audit requirements which must be met in at least seventy-five
				  percent of the cases reviewed.
(2)
				  For all intergovernmental cases requiring services during the review period,
				  DCS must determine the last required action on each case and determine whether
				  the action was taken during the appropriate time frame.
(3) DCS must use the audit criteria set forth
				  in  45 C.F.R. 308.2(g)  when reviewing intergovernmental 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-7650, filed 12/18/12, effective
						1/18/13.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part G - INTERGOVERNMENTAL ISSUES › Section 388-14A-7700 - How does the division of child support (DCS) decide that a new case is an intergovernmental case?

Current through Register Vol. 24-14, July 15, 2024
When the division of child support (DCS) opens a new IV-D
					 case, DCS must:
(1) Determine whether
				  or not there is already an existing child support order or orders in effect in
				  the case. DCS uses the state and federal case registries, state records,
				  information provided by the recipient of services, and other relevant
				  information;
(2) Determine which
				  jurisdiction may make a determination of the controlling order and
				  reconciliation of arrearages if there are multiple orders; and
(3) Determine whether the noncustodial parent
				  (NCP) is in another jurisdiction and whether it is appropriate to use its
				  one-state remedies to establish paternity and establish, modify, and enforce a
				  support order, including medical support and income withholding.
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-7700, filed 12/18/12, effective
						1/18/13.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part G - INTERGOVERNMENTAL ISSUES › Section 388-14A-7710 - What does the division of child support (DCS) do when it decides that a case is an intergovernmental case?

Current through Register Vol. 24-14, July 15, 2024
Within twenty calendar days of completing the
					 determinations required in WAC
					 388-14A-7700 and, if appropriate,
					 receipt of any necessary information needed to process the case, the division
					 of child support:
(1) Asks the
				  appropriate intrastate tribunal, or refers the case to the appropriate
				  responding state IV-D agency, for a determination of the controlling order and
				  a reconciliation of arrearages if such a determination is necessary;
				  and
(2) Refers any
				  intergovernmental IV-D case to the appropriate state central registry, Tribal
				  IV-D program, or central authority of a country for action, if one-state
				  remedies are not appropriate.
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-7710, filed 12/18/12, effective
						1/18/13.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part G - INTERGOVERNMENTAL ISSUES › Section 388-14A-7720 - What is the division of child support (DCS) required to do when Washington is the initiating jurisdiction in an intergovernmental case?

Current through Register Vol. 24-14, July 15, 2024
When acting as the initiating jurisdiction in an
					 intergovernmental case, the division of child support (DCS) must:
(1) Provide the responding jurisdiction (RJ)
				  sufficient, accurate information to act on the case by submitting with each
				  case any necessary documentation and intergovernmental forms required by the
				  RJ;
(2) Provide the RJ with an
				  updated intergovernmental form and any necessary additional documentation
				  within thirty calendar days of receipt of the request for information, or
				  notify the RJ when the information will be provided;
(3) Notify the RJ at least annually, and upon
				  request in an individual case, of interest charges, if any, owed on overdue
				  support under an initiating state order being enforced in the RJ;
(4) Submit all past-due support owed in IV-D
				  cases that meet the certification requirements under § 303.72 of this part
				  for federal tax refund offset;
(5)
				  Send a request for review of a child support order to another state within
				  twenty calendar days of determining that a request for review of the order
				  should be sent to the other state and of receipt of information from the
				  requestor necessary to conduct the review in accordance with section 466(a)(10)
				  of the Act and § 303.8 of this part;
(6) Distribute and disburse any support
				  collections received in accordance with this section and §§ 302.32,
				  302.51, and 302.52 of this chapter, sections 454(5), 454B, 457, and 1912 of the
				  Act, and instructions issued by the office;
(7) Notify the RJ within ten working days of
				  case closure that DCS has closed its case, and the basis for case closure as
				  provided in WAC
				  388-14A-2083;
(8) Instruct the RJ to close its
				  intergovernmental case and to stop any withholding order or notice the RJ has
				  sent to an employer before DCS transmits a withholding order or notice, with
				  respect to the same case, to the same or another employer unless the two states
				  reach an alternative agreement on how to proceed; and
(9) If DCS has closed its case pursuant to
				  WAC 388-14A-2083 and has not notified
				  the RJ to close its corresponding case, DCS must make a diligent effort to
				  locate the obligee, including use of the federal parent locator service and the
				  state parent locator service, and accept, distribute and disburse any payment
				  received from the RJ.
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-7720, filed 12/18/12, effective
						1/18/13.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part G - INTERGOVERNMENTAL ISSUES › Section 388-14A-7800 - What is the division of child support (DCS) required to do when Washington receives a request for intergovernmental child support services?

Current through Register Vol. 24-14, July 15, 2024
When the division of child support (DCS) receives a request
					 for intergovernmental child support enforcement services from an Indian tribe,
					 another state or another country, DCS is known as the responding jurisdiction
					 (RJ). As the RJ, DCS must:
(1) Accept
				  and process an intergovernmental request for services, regardless of whether
				  the initiating jurisdiction (IJ) elected not to use remedies that may be
				  available under the law of that jurisdiction;
(2) Within seventy-five calendar days of
				  receipt of an intergovernmental form and documentation:
(a) Provide locate services under WAC
				  388-14A-1035, if the request is
				  for locate services or if the form or documentation does not include adequate
				  locate information on the noncustodial parent (NCP);
(b) If unable to proceed with the case
				  because of inadequate documentation, notify the IJ of the necessary additions
				  or corrections to the form or documentation; and
(c) If the documentation received with a case
				  is incomplete and cannot be remedied without the assistance of the IJ, process
				  the case to the extent possible pending necessary action by the IJ.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part G - INTERGOVERNMENTAL ISSUES › Section 388-14A-7810 - What is the division of child support (DCS) required to do when DCS receives a request for a determination of controlling order?

Current through Register Vol. 24-14, July 15, 2024
When the division of child support (DCS) receives an
					 intergovernmental request for a determination of controlling order, DCS
					 must:
(1) File the controlling order
				  determination request with the appropriate tribunal in its state within thirty
				  calendar days of receipt of the request or location of the noncustodial parent,
				  whichever occurs later; and
(2)
				  Notify the initiating state agency, the controlling order state and any state
				  where a support order in the case was issued or registered, of the controlling
				  order determination and any reconciled arrearages within thirty calendar days
				  of receipt of the determination from the tribunal.
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-7810, filed 12/18/12, effective
						1/18/13.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part G - INTERGOVERNMENTAL ISSUES › Section 388-14A-7820 - What is the division of child support (DCS) required to do when DCS acts as the responding jurisdiction in an intergovernmental case?

Current through Register Vol. 24-14, July 15, 2024
(1) When the
				  division of child support (DCS) opens a IV-D case upon receipt of a request for
				  intergovernmental child support enforcement services from an Indian tribe,
				  another state or another country and acts as the responding jurisdiction (RJ),
				  DCS provides any necessary services as it would in any other IV-D case
				  including:
(a) Establishing paternity and, if
				  appropriate, attempting to obtain a judgment for costs of paternity
				  establishment;
(b) Establishing a
				  child support order;
(c) Reporting
				  overdue support to consumer reporting agencies, in accordance with WAC
				  388-14A-2160;
(d) Processing and enforcing orders referred
				  by the initiating jurisdiction (IJ), whether pursuant to the Uniform Interstate
				  Family Support Act (UIFSA) or other legal processes, using all appropriate
				  remedies available;
(e) Submitting
				  the case for such federal enforcement techniques as DCS determines to be
				  appropriate;
(f) Collecting and
				  monitoring any support payments from the noncustodial parent and forwarding
				  payments to the location specified by the IJ. In doing so, DCS:
(i) Includes sufficient information to
				  identify the case;
(ii) Indicates
				  the date of collection as defined in WAC
				  388-14A-5001(3);
				  and
(iii) Includes the RJ's case
				  identifier and locator code, in accordance with federal regulations.
(g) Reviewing and adjusting child
				  support orders upon request, as provided in WAC
				  388-14A-3900 through
				  388-14A-3907.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part H - MISCELLANEOUS › Section 388-14A-8100 - Are there special rules for setting child support for children in foster care?

Current through Register Vol. 24-14, July 15, 2024
(1) Child support
				  obligations for children in foster care are set according to the Washington
				  state child support schedule (the WSCSS), found in chapter 26.19 RCW.
(2) When a child or children are placed in
				  foster care, DCS may use the administrative process to set a support
				  obligation:
(a) As a separate obligation for
				  each parent; or
(b) For just one
				  parent, if:
(i) There is already a court or
				  administrative order setting the support obligation of the other
				  parent;
(ii) The other parent is
				  dead; or
(iii) The other parent is
				  unknown.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part H - MISCELLANEOUS › Section 388-14A-8105 - Does the cost of care affect how much child support I pay when my child is in foster care?

Current through Register Vol. 24-14, July 15, 2024
(1) Child support
				  obligations for children in foster care are set according to chapter 26.19 RCW,
				  without regard to how much the department is expending in foster care
				  funds.
(2) The administrative law
				  judge or review judge may not limit the noncustodial parent's support
				  obligation to the amount the department expends each month for foster
				  care.
Statutory Authority:
						RCW
						74.08.090. 01-03-089, § 388-14A-8105,
						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 H - MISCELLANEOUS › Section 388-14A-8110 - What happens to the money if current support is higher than the cost of care?

Current through Register Vol. 24-14, July 15, 2024
(1) When the
				  division of child support (DCS) collects child support from the parent(s) of a
				  child in foster care, DCS sends the amounts collected to the division of child
				  and family services (DCFS), which administers foster care funds.
(2) DCFS and its office of accounting
				  services (OAS) apply child support payments collected by DCS.
(3) DCFS and/or OAS deposits in a trust
				  account for the child any child support payments which they don't use to
				  reimburse foster care expenses.
Statutory Authority:
						RCW
						74.08.090. 01-03-089, § 388-14A-8110,
						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 H - MISCELLANEOUS › Section 388-14A-8120 - Are there special rules for collection in foster care cases?

Current through Register Vol. 24-14, July 15, 2024
(1) Whenever the
				  department provides residential care ("foster care") for a dependent child or
				  children, the noncustodial parent (NCP) or parents (NCPs) satisfy their
				  obligation to support the child or children by paying to the department the
				  amount specified in a court order or administrative order, if a support order
				  exists.
(2) The division of child
				  support (DCS) takes action under the provisions of
				  chapters
				  74.20 and
				  74.20A RCW and this chapter to
				  enforce and collect support obligations owed for children receiving foster care
				  services.
(3) If, during a month
				  when a child is in foster care, the NCP is the "head of household" with other
				  dependent children in the home, DCS does not collect and retain a support
				  payment if:
(a) The household's income is
				  below the need standard for temporary assistance for needy families (TANF) (see
				  WAC 388-478-0015); or
(b) Collection of support would reduce the
				  household's income below the need standard.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part H - MISCELLANEOUS › Section 388-14A-8125 - How does DCS complete the WSCSS worksheets when setting the child support obligation for one parent of a child in foster care?

Current through Register Vol. 24-14, July 15, 2024
(1) When the division of child support (DCS)
				  is setting a support obligation for only one parent, DCS follows the steps set
				  out in this section.
(2) The
				  noncustodial parent (NCP) for whom DCS is setting support is called the party
				  NCP, because that parent is a party to the administrative action.
(3) The parent for whom DCS is not setting
				  support is called the nonparty NCP, because that parent is not a party to the
				  administrative action.
(4) DCS
				  completes a Washington state child support schedule (WSCSS) worksheet using
				  income information for both the party NCP and for the nonparty NCP, instead of
				  setting support based solely on the income of the party NCP.
(5) DCS uses the best available information
				  regarding the income of both the party NCP and the nonparty NCP, as provided in
				  WAC 388-14A-3205.
(6) DCS does not include the income of a
				  nonparty NCP in the worksheets if:
(a)
				  Paternity has not been established for the child;
(b) The nonparty NCP's parental rights have
				  been terminated; or
(c) The
				  nonparty NCP is known but deceased.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part H - MISCELLANEOUS › Section 388-14A-8130 - How did DCS complete the WSCSS worksheets when setting a joint child support obligation for a child in foster care prior to May 1, 2022?

Current through Register Vol. 24-14, July 15, 2024
(1) Prior to May 1, 2022, the division of
				  child support (DCS) prepared an administrative support notice to establish a
				  joint support obligation for the parents of a child in foster care, DCS
				  followed the steps set out in this section for completing the worksheets under
				  the Washington state child support schedule (WSCSS).
(2) DCS established a joint support
				  obligation when, at the time of order establishment, the parents resided
				  together and were either married or in a registered domestic partnership,
				  unless a child support order covering current support for that child had
				  already been established for one of the parents.
(3) DCS calculated each parent's income under
				  the rules set out in WAC
				  388-14A-3205,
				  and then calculated the income of the marital or domestic partnership community
				  by combining both parents' income in one column of the worksheet and did not
				  put any income or other information in the other column.
(4) DCS calculated the joint support
				  obligation using the limitations contained in
				  RCW
				   26.19.065:
(a) The joint child support obligation could
				  not exceed 45% of the net income of the community except for good
				  cause.
(b) DCS followed WAC
				  388-14A-3410
				  when calculating and applying the self-support reserve limitation.
(c) Even though there were two parents
				  involved, and despite the application of any limitations, the presumptive
				  minimum obligation of $50 per month per child applied when DCS set a joint
				  child support obligation.
(d) If
				  DCS or the administrative law judge (ALJ) found reasons for deviation, the
				  reasons were supported with appropriate findings of fact in the support
				  order.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part H - MISCELLANEOUS › Section 388-14A-8200 - All Washington employers must report new hires to the Washington state support registry

Current through Register Vol. 24-14, July 15, 2024
(1)RCW
				   26.23.040 requires all employers doing
				  business in the state of Washington to comply with the employer reporting
				  requirements regarding new hires.
(2) For the purposes of this section, a "new
				  hire" is defined as any person who resides or works in the state of Washington
				  to whom the employer anticipates paying earnings and who:
(a) Has not previously been employed by the
				  employer; or
(b) Was previously
				  employed by the employer but has been separated from such employment for at
				  least sixty consecutive days.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part H - MISCELLANEOUS › Section 388-14A-8300 - Who pays for genetic testing when paternity is an issue?

Current through Register Vol. 24-14, July 15, 2024
(1) As provided in
				  WAC 388-14A-3120(14),
				  the noncustodial parent (NCP) and/or the mother of the child may request
				  genetic testing, also called paternity tests, after the service of a notice and
				  finding of parental responsibility.
(2) After receiving a request for paternity
				  tests, the division of child support (DCS) must:
(a) Arrange and pay for the genetic testing,
				  except as provided in subsection (6) of this section, with a laboratory under
				  contract with the department; and
(b) Notify the NCP and the mother of the time
				  and place to appear to give blood samples.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part H - MISCELLANEOUS › Section 388-14A-8400 - Does the division of child support have the right to approve my child support order before the court enters it?

Current through Register Vol. 24-14, July 15, 2024
(1) If the department is providing or has
				  provided cash assistance to the family, parties to a court order must give the
				  division of child support (DCS) twenty calendar days prior notice of the entry
				  of any final order and five days prior notice of the entry of any temporary
				  order in any proceeding involving child support or maintenance, because the
				  department has a financial interest based on an assignment of support rights
				  under RCW
				   74.20.330 or the state has a subrogated
				  interest under
				  RCW
				   74.20A.030.
(2) Either party may serve notice on DCS, by
				  personal service on, or mailing by any form of mail requiring a return receipt
				  to, the office of the attorney general.
(3) If you don't give sufficient notice
				  before entering the support order, DCS may ask the prosecuting attorney or
				  attorney general to vacate the terms of the support order.
(4) DCS or the department are not entitled to
				  terms for a party's failure to serve the department within the time
				  requirements for this section, unless the department proves that the party knew
				  that the department had an assignment of support rights or a subrogated
				  interest and that the failure to serve the department was
				  intentional.
Statutory Authority:
						RCW
						74.08.090. 01-03-089, § 388-14A-8400,
						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 H - MISCELLANEOUS › Section 388-14A-8500 - Can the division of child support issue subpoenas?

Current through Register Vol. 24-14, July 15, 2024
(1) The division of child support (DCS)
				  issues subpoenas requiring the production of documents or records, or
				  appearance of witnesses, under
				  RCW
				   34.05.588 and
				  74.04.290.
(2) Compliance with DCS subpoenas is enforced
				  under RCW
				   34.05.588 and
				  74.20A.350.
Statutory Authority:
						RCW
						74.08.090. 01-03-089, § 388-14A-8500,
						filed 1/17/01, effective 2/17/01. Formerly WAC
						388-14-220.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part H - MISCELLANEOUS › Section 388-14A-8600 - Does the division of child support enforce interest on unpaid support arrears?

Current through Register Vol. 24-14, July 15, 2024
(1) Under
				  RCW
				   26.23.030(2), the division
				  of child support (DCS) has the authority to assess and collect interest on
				  unpaid child support that has accrued under any support order entered into the
				  Washington state support registry (WSSR).
(2) DCS does not assess or collect interest
				  on administrative or court orders for support entered in the state of
				  Washington unless the amount of interest has been reduced to a
				  judgment.
(3) DCS may assess and
				  collect interest on support orders entered outside of Washington state as
				  provided in WAC
				  388-14A-7110.
(4) DCS may update the interest assessed on a
				  case as provided in WAC
				  388-14A-7120.
Statutory Authority: RCW 26.21.016. 05-07-059, §
						388-14A-8600, filed 3/11/05, effective
						4/11/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part A - PROGRAM DESCRIPTION › Section 388-15-001 - What is the child protective services program?

Current through Register Vol. 24-14, July 15, 2024
(1) Child protective services (CPS) means
				  those services provided by the department of social and health services
				  designed to protect children from child abuse and neglect and safeguard such
				  children from future abuse and neglect, and conduct investigations of child
				  abuse and neglect reports (RCW  26.44.020(12) and
				  (16)).
(2) CPS may include the following:
(a) Investigation of reports of alleged child
				  abuse or neglect.
(b) Assessment of
				  risk of abuse or neglect to children.
(c) Provision of and/or referral to services
				  to remedy conditions that endanger the health, safety, and welfare of
				  children.
(d) Referral to law
				  enforcement when there are allegations that a crime against a child
				  (RCW
				   26.44.030(4) and
				  74.13.031(3)) 
				  might have been committed.
(e) Out
				  of home placement and petitions to courts when necessary to ensure the safety
				  of children.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part A - PROGRAM DESCRIPTION › Section 388-15-009 - What is child abuse or neglect?

Current through Register Vol. 24-14, July 15, 2024
Child abuse or neglect means the injury, sexual abuse, or
					 sexual exploitation of a child by any person under circumstances which indicate
					 that the child's health, welfare, or safety is harmed, or the negligent
					 treatment or maltreatment of a child by a person responsible for or providing
					 care to the child. An abused child is one who has been subjected to child abuse
					 or neglect as defined in this section.
(1) Physical abuse means the nonaccidental
				  infliction of physical injury or physical mistreatment on a child that harms
				  the child's health, welfare, or safety. It may include, but is not limited to,
				  such actions as:
(a) Throwing, kicking,
				  burning, or cutting a child;
(b)
				  Striking a child with a closed fist;
(c) Shaking a child under age
				  three;
(d) Interfering with a
				  child's breathing;
(e) Threatening
				  a child with a deadly weapon; or
(f) Doing any other act that is likely to
				  cause and that does cause bodily harm greater than transient pain or minor
				  temporary marks or that is injurious to the child's health, welfare or
				  safety.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part A - PROGRAM DESCRIPTION › Section 388-15-011 - What is child abandonment?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  A Parent or guardian abandons a child when the parent or guardian is
				  responsible for the care, education, or support of a child and:
(a) Deserts the child in any manner whatever
				  with the intent to abandon the child;
(b) Leaves a child without the means or
				  ability to obtain one or more of the basic necessities of life such as food,
				  water, shelter, clothing, hygiene, and medically necessary health care;
				  or
(c) Forgoes for an extended
				  period of time parental rights, functions, duties and obligations despite an
				  ability to exercise such rights, duties, and obligations.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part A - PROGRAM DESCRIPTION › Section 388-15-013 - Who may receive child protective services?

Current through Register Vol. 24-14, July 15, 2024
Children and families may receive child protective services
					 when there is an allegation that a child has been abused or neglected:
(1) By a parent, legal custodian, or guardian
				  of the child; or
(2) In a DSHS
				  licensed, certified, or state-operated facility; or
(3) By persons or agencies subject to
				  licensing under
				  chapter
				  74.15 RCW, including
				  individuals employed by or volunteers of such facilities.
Statutory Authority:
						RCW
						74.13.031,
						74.04.050 and
						chapter
						26.44 RCW. 02-15-098 and
						02-17-045, § 388-15-013, filed 7/16/02 and 8/14/02, effective
						2/10/03.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part A - PROGRAM DESCRIPTION › Section 388-15-017 - What is the responsibility of CPS regarding reports of abuse or neglect?

Current through Register Vol. 24-14, July 15, 2024
(1) CPS must record
				  a report from any source alleging child abuse or neglect.
(2) CPS must determine whether alleged
				  incidents or conditions meet the definitions of child abuse or neglect in this
				  chapter or in
				  chapter
				  26.44 RCW.
(3) CPS must assess or investigate all
				  reports of alleged child abuse or neglect that meet the definitions of child
				  abuse or neglect contained in this chapter or in
				  chapter
				  26.44 RCW.
(4) CPS must investigate anonymous reports
				  only as provided in
				  RCW
				   26.44.030(15).
(5) CPS must maintain a record of reports
				  received that are not investigated because they do not meet the definitions of
				  child abuse or neglect as defined in RCW or this chapter.
(6) CPS must report to law enforcement per
				  RCW
				   26.44.030(4) and
				  74.13.031.
Statutory Authority:
						RCW
						74.13.031,
						74.04.050, and
						chapter
						26.44 RCW. 02-15-098 and
						02-17-045, § 388-15-017, filed 7/16/02 and 8/14/02, effective
						2/10/03.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part A - PROGRAM DESCRIPTION › Section 388-15-021 - How does CPS respond to reports of alleged child abuse or neglect?

Current through Register Vol. 24-14, July 15, 2024
(1) CPS must assess
				  all reports that meet the definition of child abuse or neglect using a risk
				  assessment process to determine level of risk and response time.
(2) CPS must provide an in-person response to
				  alleged victims and must attempt an in-person response to the alleged
				  perpetrator of child abuse and neglect in referrals assessed at moderate to
				  high risk.
(3) CPS may refer
				  reports assessed at low to moderately low risk to an alternative response
				  system.
(4) CPS may interview a
				  child, outside the presence of the parent, without prior parental notification
				  or consent (RCW  26.44.030(10)).
(5) Unless the child objects, CPS must make
				  reasonable efforts to have a third party present at the interview so long as
				  the third party does not jeopardize the investigation (RCW
				   26.44.030).
(6) CPS may photograph the alleged child
				  victim to document the physical condition of the child (RCW
				   26.44.050).
(7) CPS attempts to complete investigations
				  within forty-five days. In no case shall the investigation extend beyond ninety
				  days unless the investigation is being conducted under local protocol,
				  established pursuant to
				  chapter
				  26.44 RCW, and a law
				  enforcement agency or prosecuting attorney has determined that a longer
				  investigation period is necessary.
Statutory Authority:
						Chapter
						26.44 RCW,
						RCW
						74.08.090,
						74.13.031,
						74.04.050, and 2007 c 220.
						09-07-001, § 388-15-021, filed 3/4/09, effective 4/4/09. Statutory
						Authority:
						RCW
						 74.13.031,
						74.04.050 and
						chapter
						26.44 RCW. 02-15-098 and
						02-17-045, § 388-15-021, filed 7/16/02 and 8/14/02, effective
						2/10/03.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part A - PROGRAM DESCRIPTION › Section 388-15-025 - What special requirements must CPS follow for Indian children?

Current through Register Vol. 24-14, July 15, 2024
(1) These special
				  requirements apply to children defined as Indians in WAC
				  388-70-091.
(2) The DCFS social worker shall document in
				  case records efforts to keep Indian families together and to avoid separating
				  the Indian child from his parents, relatives, tribe or cultural heritage as per
				  RCW
				   26.44.010 and WAC
				  388-70-093.
(3) In alleged child abuse and neglect
				  situations, the DCFS social worker shall document in case records, efforts to
				  utilize staff and services particularly capable of meeting the special needs of
				  Indian children and their families, in consultation with the child's tribe
				  and/or local Indian child welfare advisory committee per WAC
				  388-70-600 through
				  388-70-640.
(4) The DCFS social worker shall promptly
				  advise the tribal council and the local Indian child welfare advisory committee
				  that a child affiliated with the tribe is the victim of substantiated child
				  abuse or neglect. The provisions of RCW 26.44.070, WAC 377-70-640, limiting who
				  has access to confidential information, shall be followed in all
				  cases.
Statutory Authority:
						RCW
						74.13.031,
						74.04.050, and
						chapter
						26.44 RCW. 02-15-098 and
						02-17-045, § 388-15-025, filed 7/16/02 and 8/14/02, effective
						2/10/03.