74.20A.020  <<  74.20A.030 >>   74.20A.035

Department subrogated to rights for supportEnforcement actionsCertain parents exempt.

*** CHANGE IN 2019 *** (SEE 5333-S.SL) ***
(1) The department shall be subrogated to the right of any dependent child or children or person having the care, custody, and control of said child or children, if public assistance money is paid to or for the benefit of the child, or for the care and maintenance of a child, including a child with a developmental disability if the child has been placed into care as a result of an action under chapter 13.34 RCW, under a state-funded program, or a program funded under Title IV-A or IV-E of the federal social security act as amended by the personal responsibility and work opportunity reconciliation act of 1996, and the federal deficit reduction act of 2005, to prosecute or maintain any support action or execute any administrative remedy existing under the laws of the state of Washington to obtain reimbursement of moneys expended, based on the support obligation of the responsible parent established by a child support order. Distribution of any support moneys shall be made in accordance with RCW 26.23.035.
(2) The department may initiate, continue, maintain, or execute an action to establish, enforce, and collect a support obligation, including establishing paternity and performing related services, under this chapter and chapter 74.20 RCW, or through the attorney general or prosecuting attorney under chapter 26.09, 26.18, 26.20, 26.21A, 26.23, or * 26.26 RCW or other appropriate statutes or the common law of this state, for so long as and under such conditions as the department may establish by regulation.
(3) Public assistance moneys shall be exempt from collection action under this chapter except as provided in RCW 74.20A.270.
(4) No collection action shall be taken against parents of children eligible for admission to, or children who have been discharged from, a residential habilitation center as defined by **RCW 71A.10.020(8) unless the child with a developmental disability is placed as a result of an action under chapter 13.34 RCW. The child support obligation shall be calculated pursuant to chapter 26.19 RCW.


Reviser's note: *(1) Chapter 26.26 RCW was repealed by 2018 c 6 § 907, effective January 1, 2019, with the exception of RCW 26.26.065, 26.26.130 through 26.26.190, and 26.26.270, which were recodified as RCW 26.26B.010 through 26.26B.120, effective January 1, 2019. For later enactment of the uniform parentage act, see chapter 26.26A RCW.
**(2) RCW 71A.10.020 was amended by 2011 1st sp.s. c 30 § 3, changing subsection (8) to subsection (9). RCW 71A.10.020 was subsequently amended by 2014 c 139 § 2, changing subsection (9) to subsection (10).
Severability2007 c 143: See note following RCW 26.18.170.
Effective date2004 c 183: See note following RCW 13.34.160.
Short titlePart headings, captions, table of contents not lawExemptions and waivers from federal lawConflict with federal requirementsSeverability1997 c 58: See RCW 74.08A.900 through 74.08A.904.
SeverabilityEffective dates1993 sp.s. c 24: See notes following RCW 28A.310.020.
Effective datesSeverability1988 c 275: See notes following RCW 26.19.001.
Effective date1987 c 435: See RCW 26.23.900.
Severability1979 ex.s. c 171: See note following RCW 74.20.300.
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