Introduction to the Tribal Child Support Enforcement Program

Introduction to the Tribal Child Support Enforcement

Program

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

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

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)

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

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

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

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

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

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,

Legislative History of the Program

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

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.

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.

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.

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

Requirements for Direct Funding

Assurance that due process rights of individuals will be protected

Administrative and management procedures

Assurance of safeguarding procedures

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

Requirements for Direct Funding

Procedures for establishment of paternity

Guidelines for the establishment and modification of support obligations

Procedures for income withholding

Requirements for Direct Funding

Procedures for distribution of child support collections

Procedures for intergovernmental case processing

Reasonable performance targets

Tribal CSE Program Funding

Funding is based on the application

Funding on an annual basis

Federal government provides 90% of the total approved budget

Tribal CSE Program Funding

Tribes provide a 10% match

There is a provision for a waiver of the 10% match

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

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

Paige Biava, Policy Specialist

Administration for Children and Families

Office of Child Support Enforcement

Division of Policy

EMAIL: phbiava@acf.hhs.gov