Section 388-14A-2125. Can DCS ever release address information without notice?

(1) The division of child support (DCS) does not follow the notice and hearing process of WAC 388-14A-2114 and 388-14A-2140 if:

(a) Disclosure is denied under WAC 388-14A-2135;

(b) The CP has provided a written release as provided in WAC 388-14A-2115;

(c) The NCP has not filed a written request as provided in WAC 388-14A-2120; or

(d) A court order requires DCS to release the address information.

(2) DCS is not required to mail a notice prior to disclosure if the requesting party presents a facially valid warrant or a judicial finding that:

(a) The other party will likely flee to avoid service of process; or

(b) The other party will likely flee and that:

(i) A court of competent jurisdiction of this state or another state has entered an order giving legal and physical custody of a child whose address is requested to the requesting party; and

(ii) The custody order has not been altered, changed, modified, superseded, or dismissed; and

(iii) A child was taken or enticed from the address requesting party's physical custody without that party's consent; and

(iv) The address requesting party has not subsequently assented to being deprived of physical custody of the children; and

(v) The address requesting party is making reasonable efforts to regain physical custody of the child.

[Statutory Authority: RCW 26.23.120, 74.08.090. WSR 02-07-091, § 388-14A-2125, filed 3/19/02, effective 4/19/02; WSR 01-03-089, § 388-14A-2125, filed 1/17/01, effective 2/17/01. Formerly WAC 388-14-030 and 388-14-040.]

RCW 26.23.120, 74.08.090. WSR 02-07-091, § 388-14A-2125, filed 3/19/02, effective 4/19/02; WSR 01-03-089, § 388-14A-2125, filed 1/17/01, effective 2/17/01. Formerly WAC 388-14-030 and 388-14-040.

Rules

388-14A-2114,388-14A-2140,388-14A-2135,388-14A-2115,388-14A-2120,