wa-26-21-037: Social and Health Services, Department of — WSR 26-21-037

WSR 26-21-037 (26-21)WSR 26-21-037PROPOSED RULESDEPARTMENT OFSOCIAL AND HEALTH SERVICES(Economic Services Administration))((Division of Child Support)[Filed October 14, 2026, 11:21 a.m.]Original Notice.Preproposal statement of inquiry was filed as WSR 26-10-002.Title of Rule and Other Identifying Information: The division of child support (DCS) proposes to amend existing sections and create new sections in chapter 388-14A WAC, and other related sections as may be necessary, to implement sections 4 through 12 of EHB 1014 (chapter 272, Laws of 2025), regarding abatement of child support for paying parents who are incapacitated, including: WAC 388-14A-1020 What definitions apply to the rules regarding child support enforcement?, 388-14A-3903 How does DCS decide whether to petition for modification of a support order?, 388-14A-3935 What does DCS do with respect to abatement when it learns the noncustodial parent is an incarcerated parent?, 388-14A-3940 Who can ask to add abatement language to an administrative order?, 388-14A-3952 How does DCS administer abatement of an incapacitated person's child support order?, 388-14A-3953 What does DCS do to reinstate the support order when the noncustodial parent is no longer incapacitated?, 388-14A-3957 What does DCS do when it determines an incapacitated person's support order should not be abated?, 388-14A-3960 What happens at a hearing on a notice regarding non-abatement of child support?, 388-14A-3965 What happens at a hearing on a notice of abatement?, and 388-14A-3970 Who may request to terminate or reverse an abatement?Hearing Location(s): On December 8, 2026, at 10:00 a.m., virtually via Teams or call in. See the department of social and health services (DSHS) website at https://www.dshs.wa.gov/sesa/rpau/proposed-rules-and-public-hearings for the most current information.Date of Intended Adoption: Not earlier than December 9, 2026.Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, beginning noon on October 21, 2026, by 5:00 p.m. on December 8, 2026.Assistance for Persons with Disabilities: Contact Shelley Tencza, rules consultant, phone 360-664-6198, TTY 711 relay service, email Shelley.Tencza@dshs.wa.gov, by 5:00 p.m. on November 24, 2026.Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: DCS's proposal implements abatement of child support for incapacitated persons, as enacted in EHB 1014 (chapter 272, Laws of 2025). The rules establish the process by which qualifying incapacitated individuals have their child support obligations abated.Reasons Supporting Proposal: This rule making is required to implement EHB 1014 (sections 4 through 12, chapter 272, Laws of 2025). It will ensure sufficient processes exist for incapacitation abatement.Statutory Authority for Adoption: EHB 1014, section 15, chapter 272, Laws of 2025; RCW 74.08.090 and 74.20A.055.Statute Being Implemented: RCW 26.09.004, 26.09.170, 26.09.345, 26.09.350, 26.09.355, 26.23.050, 74.20A.055, 74.20A.056, and 74.20A.059.Rule is not necessitated by federal law, federal or state court decision.Name of Proponent: DSHS, economic services administration, DCS, governmental.Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Monica Turnbaugh, Rules Coordinator, DCS Headquarters, P.O. Box 9162, Olympia, WA 98507-9162, 360-664-5339.A school district fiscal impact statement is not required under RCW 28A.305.135.A cost-benefit analysis is not required under RCW 34.05.328. These rules are exempt under RCW 34.05.328 (5)(b)(vii) because they are rules of DSHS concerning liability for care of dependents.This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute.Is exempt under RCW 19.85.025(4).Is exempt under RCW 34.05.328 (5)(b)(vii).Explanation of exemptions: These rules are exempt because they are concerning liability for care of dependents.Scope of exemption for rule proposal:Is fully exempt.October 9, 2026Katherine I. VasquezRules CoordinatorReviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 26-22 issue of the Register.