Revised Code of Washington
Chapter 43.20B - Revenue Recovery for Department of Social and Health Services.
43.20B.095 - Establishment and recovery of debts for the department of children, youth, and families.

RCW 43.20B.095
Establishment and recovery of debts for the department of children, youth, and families.

The department is authorized to establish and to recover debts for the department of children, youth, and families under this chapter pursuant to a contract between the department of children, youth, and families and the department that is entered into in compliance with the interlocal cooperation act, chapter 39.34 RCW.

[ 2022 c 145 § 3; 2019 c 470 § 10.]
NOTES:

Purpose—Finding—2022 c 145: "(1) The purpose of this act is to repeal RCW 13.40.220 and 13.16.085, also known as the "parent pay" statutes, which require parents to pay a percentage of their gross income for the cost of their child's support, treatment, and confinement.
(2) The parent pay statutes essentially operate as a legal financial obligation assessed on parents for their child's incarceration. These laws disproportionally impact poorer parents and represent a dated policy and philosophy that is not aligned with current racial equity and social justice reforms. Pursuing these parents is unfair and takes advantage of people at their most vulnerable, undermining government credibility and the integrity of the legal process. Placing these parents in debt may also result in unstable home environments, deterring successful youth reentry back into the community.
(3) The legislature finds that eliminating parents' financial obligation to pay for their child's incarceration will advance racial equity and help to support a successful transition to adulthood for young people in juvenile detention and in the department's care." [ 2022 c 145 § 1.]


Application—2022 c 145: "(1) This act does not affect any moneys paid to the department of children, youth, and families or the courts before June 9, 2022. Any moneys already collected from a parent or other person legally obligated to care for and support a child under RCW 13.40.220 or 13.16.085 before June 9, 2022, will not be refunded to that person.
(2) On June 9, 2022:
(a) All pending actions or proceedings to recover debt owed by a parent or other person legally obligated to care for and support a child under RCW 13.40.220 or 13.16.085 shall be terminated with prejudice including, but not limited to, tax refund intercepts, federal and state benefit intercepts, wage garnishments, payment plans, and automatic bank account deductions;
(b) All outstanding debts or other obligations including, but not limited to, interest charges owed by a parent or other person legally obligated to care for and support a child under RCW 13.40.220 or 13.16.085 shall be canceled with prejudice, rendered null and void, and considered paid in full; and
(c) Any assignment of collection authority for debt owed under RCW 13.40.220 or 13.16.085 that was reported to a collection agency or out-of-state collection agency as defined in RCW 19.16.100 shall be recalled and terminated, and any outstanding debt shall be rendered null and void and considered paid in full.
(3) This act does not create a cause of action against the state of Washington." [ 2022 c 145 § 4.]

Structure Revised Code of Washington

Revised Code of Washington

Title 43 - State Government—Executive

Chapter 43.20B - Revenue Recovery for Department of Social and Health Services.

43.20B.010 - Definitions.

43.20B.020 - Fees for services—Department of health and department of social and health services.

43.20B.030 - Overpayments and debts due the department—Time limit—Write-offs and compromises—Waivers.

43.20B.040 - Chapter does not apply where another party liable—Statement of lien—Form.

43.20B.050 - Liens—Compromise—Settlement or judgment.

43.20B.060 - Reimbursement for medical care or residential care—Lien—Subrogation—Delegation of lien and subrogation rights.

43.20B.070 - Torts committed against recipients of state assistance—Duties of attorney representing recipient—Trust account for departmental lien.

43.20B.080 - Recovery for paid medical assistance—Rules—Disclosure of estate recovery costs, terms, and conditions.

43.20B.090 - Recovery for paid medical assistance and state-funded long-term care—Legislative intent—Legislative confirmation of effect of 1994 c 21.

43.20B.095 - Establishment and recovery of debts for the department of children, youth, and families.

43.20B.110 - License fees to be charged by secretary—Waiver—Review and comment.

43.20B.120 - Funeral assistance—Lien against assets.

43.20B.310 - Residential care payments by families, when not collected.

43.20B.320 - Mental illness—Treatment costs—Criminally insane—Liability.

43.20B.325 - Mental illness—Hospitalization charges—How computed.

43.20B.330 - Mental illness—Treatment costs—Liability.

43.20B.335 - Mental illness—Treatment costs—Determination of ability to pay—Standards—Rules and regulations.

43.20B.340 - Mental illness—Treatment costs—Notice and finding of responsibility—Period—Adjudicative proceedings.

43.20B.345 - Mental illness—Treatment costs—Judgment for accrued amounts.

43.20B.347 - Mental illness—Treatment costs—Lien against real and personal property.

43.20B.350 - Mental illness—Treatment costs—Modification or vacation of findings of responsibility.

43.20B.355 - Mental illness—Hospitalization charges—Due date—Collection.

43.20B.360 - Mental illness—Hospitalization charges—Collection—Statutes of limitation.

43.20B.370 - Mental illness—Hospitalization charges—Collection—Prosecuting attorneys to assist.

43.20B.410 - Residential habilitation centers—Liability for costs of services—Declaration of purpose.

43.20B.415 - State residential schools—Liability for costs of services—Limitation.

43.20B.420 - Residential habilitation centers—Determination of costs of services—Establishment of rates—Collection.

43.20B.425 - Residential habilitation centers—Costs of services—Investigation and determination of ability to pay—Exemptions.

43.20B.430 - Residential habilitation centers—Costs of services—Initial notice and finding of responsibility—Service—Adjudicative proceeding.

43.20B.435 - State residential habilitation centers—Costs of services—Modification or vacation of initial finding of responsibility.

43.20B.440 - Residential habilitation centers—Costs of services—Charges payable in advance.

43.20B.445 - Residential habilitation centers—Costs of services—Reimbursement from property subsequently acquired—Placement outside school—Liability after death of resident.

43.20B.450 - State residential habilitation centers—Costs of services—Liabilities created apply to care, support, and treatment after July 1, 1967.

43.20B.455 - Residential habilitation centers—Costs of services—Discretionary allowance in resident's fund.

43.20B.460 - Guardianship fees and additional costs for incapacitated clients paying part of costs—Maximum amount—Rules.

43.20B.620 - Overpayments of assistance—Lien against recipient's property—Recovery methods.

43.20B.630 - Overpayments of assistance—Procedures—Adjudicative proceeding.

43.20B.635 - Overpayments of assistance—Orders to withhold property of debtor—Procedures.

43.20B.640 - Overpayments of assistance—Failure to withhold property of debtor.

43.20B.645 - Overpayments of assistance—Assignment of earnings.

43.20B.660 - Improper realty transfer—Suit to rescind—Recovery from recipient's estate.

43.20B.670 - Excess property assistance program—Lien—Department as creditor.

43.20B.675 - Vendor overpayments—Goods or services provided on or after July 1, 1998—Notice—Adjudicative proceeding—Enforcement—Collection—Rules.

43.20B.680 - Vendor overpayments—Lien or other security—Setoff or recoupment—Exception.

43.20B.685 - Vendor overpayments—Liens—Duration—Enforcement.

43.20B.688 - Limitation on actions to enforce vendor overpayment debts.

43.20B.690 - Vendor overpayments—Remedies nonexclusive.

43.20B.695 - Vendor overpayments—Interest—Exceptions.

43.20B.710 - Medical assistance—Improper transfer or assignment of resources—Penalty—Presumption, rebuttal—Attorney's fees.

43.20B.720 - Recipient receiving industrial insurance compensation—Subrogation rights of department—Lien—Withhold and deliver notice.

43.20B.730 - Recipient receiving industrial insurance compensation—Effective date of lien and notice—Service.

43.20B.735 - Recipient receiving industrial insurance compensation—Duty to withhold and deliver—Amount.

43.20B.740 - Recipient receiving industrial insurance compensation—Adjudicative proceeding—Collection pending final order.

43.20B.745 - Recipient receiving industrial insurance compensation—Application.

43.20B.750 - Recipients holding title to real property or purchasing under land sales contracts—Recording request for notice or termination or request for notice of transfer or encumbrance of property—Notice and hearing—Rules.

43.20B.900 - Savings—1987 c 75.

43.20B.902 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.