Introduction to the Tribal Child Support Enforcement Program

1
Introduction to the Tribal Child Support
Enforcement Program
2

• The child support enforcement program is a joint
  partnership involving federal, state, tribal, and
  local cooperative efforts.

3
Program Goals

• To locate noncustodial parents, establish
  paternity, establish and enforce child support
  orders and collect child support payments from
  parents who are legally obligated to pay
• To ensure that both parents financially support
  their children
• To recover TANF expenditures

4
Authorizing Legislation

• Title IV-D of the Social Security Act
• Statute 42 USC 651-669
• Regulations 45 CFR 301-310
• Personal Responsibility and Work Opportunity
  Reconciliation Act of 1996 (PRWORA)

5
Legislative History of the Program

• The child support enforcement (CSE) program was
  established in 1975
• Created the federal CSE program
• Required states to establish CSE office
• Provided federal reimbursement

6
Legislative History of the Program

• Child Support Enforcement Amendments of 1984
• Mandatory enforcement practices
• Federal financial participation and audit
  provisions
• Interstate enforcement
• Equal services for AFDC and Non-AFDC families

7
Legislative History of the Program

• Family Support Act of 1988
• -Guidelines for child support awards
• -Establishment of paternity
• -Requirement for prompt state response
• -Requirement for automated tracking and
  monitoring

8
Legislative History of the Program

• Omnibus Budget Reconciliation Act of 1993 (OBRA)
• Increased paternity establishment percentages
• States had to adopt laws requiring civil
  procedures to voluntarily acknowledge paternity
• States had to adopt laws requiring compliance
  regarding health insurance and employers

9
Legislative History of the Program

• Personal Responsibility and Work Opportunity
  Reconciliation Act of 1996
• Signed into law August 22, 1996
• Provision that directly affects Tribes
• -Section 454(33) as amended by the Balanced
  Budget Act of 1997

10
Legislative History of the Program

• 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,

11
Legislative History of the Program

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

12
Legislative History of the Program

• 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.

13
45 CFR 301 Comprehensive Tribal CSE Programs

• The interim final rule (published August 21,
  2000) applies only to Tribes that currently
  operate comprehensive CSE programs. It
  establishes requirements for direct federal
  funding under section 455(f) of the Act.

14
Who is Eligible to Apply?

• An Indian Tribe meeting the requirements of the
  rule with at least 100 children under the age of
  majority as defined by Tribal law or code, in
  the population subject to the jurisdiction of
  Tribal court or administrative agency.

15
Requirements for Direct funding

• The application must include
• Description of the population subject to the
  jurisdiction of the Tribal court
• Procedures for accepting all applications and
  providing appropriate CSE services

16
Requirements for Direct Funding

• Assurance that due process rights of individuals
  will be protected
• Administrative and management procedures
• Assurance of safeguarding procedures

17
Requirements for Direct Funding

• Assurance of maintenance of records
• Copies of Tribal laws and regulations applicable
  to child support enforcement
• Procedures for location of noncustodial parents

18
Requirements for Direct Funding

• Procedures for establishment of paternity
• Guidelines for the establishment and modification
  of support obligations
• Procedures for income withholding

19
Requirements for Direct Funding

• Procedures for distribution of child support
  collections
• Procedures for intergovernmental case processing
• Reasonable performance targets

20
Tribal CSE Program Funding

• Funding is based on the application
• Funding on an annual basis
• Federal government provides 90 of the total
  approved budget

21
Tribal CSE Program Funding

• Tribes provide a 10 match
• There is a provision for a waiver of the 10 match

22
Differences between Tribal IV-D and State IV-D
Requirements

• The tribal rule has provisions for in-kind
  payments
• Paternity is establishes by Tribal law, code, or
  custom

23
Differences between Tribal IV-D State IV-D
Requirements

• Income is subject to withholding if the NCP is
  one month in arrears.
• For activities directly related to IV-D program
  activities, certain staff expenses are allowable
• Tribal Chief executives and their staff
• Tribal Court judges and their staff

24

• Paige Biava, Policy Specialist
• Administration for Children and Families
• Office of Child Support Enforcement
• Division of Policy
• EMAIL phbiava_at_acf.hhs.gov