Administrative Rule Review Report  #AR09-066

Legislative Service Office

12-Nov-09

AGENCY: Department of Family Services.

DATE SUBMITTED: October 30, 2009.

SUBJECT: Chapter 2, Definitions; Chapter 4, General Services; and Chapter 10, License Revocation and Suspension, Child Support Enforcement Program.

NATURE OF RULES:                     Legislative and procedural.

STATUTORY AUTHORITY:         W.S. 20-6-106(n).

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  Notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28-9-103(d).  No comments have been received to date.

SUMMARY OF RULES:  The Department of Family Services, Child Support Enforcement Division, administers the Child Support Enforcement Act, W.S. 20-6-101 through 20-6-112, in compliance with requirements of the federal Social Security Act ("title IV-D") and regulations regarding child support enforcement.  These rule amendments:

• Correct the definition of "noncustodial" parent to comport with federal law by referring to physical custody instead of legal custody;

• Require the Division to include provision in orders for medical insurance covering the child;

• Require the custodial parent to identify the portion of a judgment that is for non-insured medical expenses;

• Implement procedural changes and suspension of a defaulting obligor's driver's license;

• Correct a typographical error and repeal outdated provisions.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

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Gerald W. Laska

Staff Attorney

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David K. Gruver

Assistant Director

GWL/