Summary of the Final Rule for Tribal Child Support Enforcement Programs

1. Summary of the Final Rule for Tribal Child Support Enforcement Programs

2. Final rule implementing section 455(f) of the Social Security Act was published in the Federal Register on March 30, 2004 (69 FR 16638) http://www.acf.hhs.gov/programs/cse/pol/AT/2004/at-04-01.htm

3. Section 455(f) of the Social Security Act The Secretary may make direct payments under this part to an Indian Tribe or Tribal organization that demonstrates to the satisfaction of the Secretary that it has the capacity to operate a Child Support Enforcement program meeting the objectives of this part,

4. including establishment of paternity, establishment, modification, and enforcement of support orders, and location of absent parents.

5. The Secretary shall promulgate regulations establishing the requirements which must be met by an Indian Tribe or Tribal organization to be eligible for a grant under this section.

6. Subpart A—Tribal CSE Program: General Provisions • Who is eligible to apply? • Federally-recognized Indian Tribes, and Tribal organizations authorized by one or more federally recognized Tribes §309.10

7. Indian Tribe and Tribe are defined as an Indian or Alaska Native Tribe, band, nation, pueblo, village or community that the Secretary of the Interior acknowledges to exist as an Indian Tribe. §309.05

8. Applicants must have at least 100 children under the age of majority within their jurisdiction. §309.05

9. Waiver of the 100-child Rule • Applicants may request a waiver of the 100-child rule if the applicant can demonstrate that it can provide the required services in a cost-effective manner even though the population includes fewer than 100 children.

10. Subpart B—Tribal IV-D Program Application Procedures

11. Start-up Application • If a Tribe does not satisfy all of the requirements, it may submit an application for start-up funding. §309.16

12. Start-up Application • Start-up funding applications must be submitted on the same forms and with the same information that is required for funding a full IV-D program. • The process for approval is the same process as for fully-funded programs. §309.16

13. Start-up Application • There is no requirement for a non-Federal share of costs. §309.130(c)

14. Start-up Application • If the Tribe meets any of the requirements under §309.65(a), the application must include a description of how it satisfies the requirement(s). §309.16

15. Start-up Application • For requirements the Tribe does not meet, the application must include a program development plan that demonstrates that it will meet the requirements of the rule within two years. §309.16(a)(5)

16. Start-up Funding • Federal funding for start-up is limited to no more than to $500,000 • Level of funding is based on demonstrated needs

17. Start-up Funding • Tribes will have 90 days after the end of the second year funding period to liquidate all obligations and submit a final report. §309.135

18. Start-up Funding • The Secretary may cease start-up funding if the Tribe fails to satisfy any provisions or milestones described in its program development plan. §309.65(b)(2)

19. Start-up Funding • Disapproval of an application for start-up funding is not subject to administrative appeal. §309.16(b)

20. Applications for Fully Operational IV-D Programs Applications must include: • SF 424—Application for Federal Assistance; • SF 424A—Budget Information – Non-Construction Programs; §309.15

21. Applications for Fully Operational IV-D Programs • Quarter-by-quarter estimate of expenditures for the funding period; • Notification of whether the Tribe will be requesting funds for indirect costs; §309.15

22. Applications for Fully Operational IV-D Programs • A narrative justification for each cost category, and either: • a statement that the Tribe will have the non-Federal share of program expenditures, or • a request for a waiver of the non-Federal share §309.15

23. Applications for Fully Operational IV-D Programs • The Secretary will promptly review a Tribal IV-D plan or plan amendment to determine whether it conforms to the requirements . • Action will be taken not later than the 90th day following the date the application is received. • If additional information is needed, the Secretary will promptly notify the Tribe or Tribal organization. • Action will be taken on the plan within 45 days of receipt of additional information. §309.35

24. Applications for Fully Operational IV-D Programs • Applications, plans or plan amendments will be disapproved if: • it fails to meet one or more requirements of the regulation; and/or • the required Tribal laws, code, regulations and procedures are not in effect; §309.40

25. Applications for Fully Operational IV-D Programs • Applications, plans, or plan amendments will be disapproved if: • the application is not complete after the Tribe or Tribal organization has had the opportunity to submit the necessary information.

26. Applications for Fully Operational IV-D Programs • Applicants may request reconsideration of disapproval of an application or plan amendment by filing a written request for reconsideration within 60 days after the date of the notice of disapproval. §309.45

27. Applications for Fully Operational IV-D Programs • A Tribe or Tribal organization may reapply at any time, once it has remedied the circumstances that led to disapproval of the application or amendment. §309.50

28. Subpart C—Tribal IV-D Plan Requirements • The Tribe or Tribal organization shall establish or designate a Tribal IV-D agency to administer its Tribal IV-D plan. §309.60

29. Subpart C—Tribal IV-D Plan Requirements • The Tribe or Tribal organization may delegate functions to another Tribe or agency or to a State, as long as it ensures that all functions are carried out properly. §309.60

30. Subpart C—Tribal IV-D Plan Requirements • The Tribal IV-D Plan must include: • description of the population subject to the jurisdiction of the Tribal court or administrative agency for IV-D purposes §309.70

31. Subpart C—Tribal IV-D Plan Requirements 2. Procedures for accepting all child support applications §309.65 3. Assurance that the due process rights of individuals involved will be protected in all activities of the program §309.65

32. Subpart C—Tribal IV-D Plan Requirements • Administrative and Management Procedures §309.75 5. Safeguarding Procedures §309.80

33. Subpart C—Tribal IV-D Plan Requirements 6. Assurance that the Tribe or Tribal organization will maintain specified records §309.85

34. Subpart C—Tribal IV-D Plan Requirements 7. Copies of all applicable Tribal laws and regulations §309.90

35. Subpart C—Tribal IV-D Plan Requirements 8. Procedures for location of custodial and noncustodial parents §309.95

36. Subpart C—Tribal IV-D Plan Requirements • Procedures for establishment of paternity for any child up to and including at least 18 years of age • Upon request, in a contested paternity case, (unless otherwise barred by Tribal law) requirement that the child and all other parties submit to genetic tests. §309.100

37. Subpart C—Tribal IV-D Plan Requirements 10. Guidelines for establishment and modification of child support obligations • The plan must include whether non-cash payments will be permitted to satisfy support obligations. §309.105

38. Subpart C—Tribal IV-D Plan Requirements • If non-cash payments are permitted, the Tribal child support orders must also state the specific dollar amount of the support obligation, and • Describe the type of non-cash support that will be permitted to satisfy the obligation

39. Subpart C—Tribal IV-D Plan Requirements 11. Procedures for Income Withholding §309.110

40. 12. Child Support Distribution§309.115 GENERAL REQUIREMENTS • Current support must be satisfied first, unless the collection is the result of a Federal Income Tax Refund Offset. • Federal Income Tax Offset collections must be applied to satisfy arrears. • Tribal IV-D agencies must maintain payment records of amounts of current support and arrearages owed and paid. (§309.170)

41. General Requirements Continued • Retained assigned support may not exceed the total amount of TANF paid to the family. • If the Tribe requires assignment of support rights for TANF purposes, the Tribal IV-D agency must keep track of assigned arrearages and arrearages owed to families. • If there is an intergovernmental case, distribution is determined by the State or other Tribe.

42. General Requirements Continued The Tribal IV-D Agency must send All Collections to the Family If: • the case is a current Tribal TANF case and there is no assignment of support rights to the Tribe; • the family has never received Tribal TANF and assigned support rights to the Tribe: and • the Tribal IV-D agency has not received an intergovernmental case from a State or another Tribe requesting assistance in collecting support for the same case

43. Current Tribal TANF Case with Assignment of Rights to the Tribe • If the Tribal IV-D agency has not received an case from a State or another Tribal IV-D agency, the Tribe: • may retain collections (up to total TANF paid to the family) and must send excess collection to the family

44. Current Tribal TANF Case with Assignment of Rights to the Tribe • If the Tribal IV-D agency has received an intergovernmental case from a State or another Tribal IV-D agency, the Tribe • Must retain collections (up to the total TANF paid to the family); and • Must send any remaining amount to State or other Tribe for distribution.

45. Former Tribal TANF Case with Arrearages Assigned to the Tribe If there is not an intergovernmental case, the Tribal IV-D agency must: • send to the family current support and any arrearages owed to the family; and • retain any remaining collections to satisfy support assigned to the Tribe. If there is an intergovernmental case, the Tribal IV-D agency must send collections to State or other Tribe for distribution.

46. Intergovernmental Cooperation Cases If the Tribal IV-D agency has received a request for services from a State or another Tribe (an intergovernmental case), the Tribal IV-D agency must: • send collections to the requesting State or Tribe for distribution; or • contact the State or other Tribe and distribute collections as directed. Exception: In a current Tribal TANF case with assignment, Tribal IV-D agency may retain support assigned to the Tribe and then send remaining collections to the State or other Tribe for distribution.

47. Subpart C—Tribal IV-D Plan Requirements 13. Procedures for Intergovernmental case processing §309.120 14. Tribally determined performance targets for paternity establishment, support order establishment, amount of current support to be collected, and amount of past due support to be collected §309.65

48. Subpart D—Tribal IV-D Program Funding • Tribes and Tribal organizations with approved IV-D plans will receive Federal funding of 90 percent of the total amount of approved and allowable expenditures during the first 3 years §309.130

49. Subpart D—Tribal IV-D Program Funding • Grantees must provide the non-Federal share of funding equal to 10 percent of approved and allowable expenditures during the first 3 year period §309.130

50. Subpart D—Tribal IV-D Program Funding • After the first 3 years a grantee has operated a full IV-D program, the Federal grant will not exceed 80 percent of the total amount of approved and allowable expenditures §309.130