Federal Perspective

1. FederalPerspective Tribal TANF Programs and Child Support March 4, 2008 Judy Ogliore and Nancy Mathieson Region X Administration for Children and Families

2. Role of TANF Successful Tribal TANF programs play an important role in: • Determining the future of tribal children • Determining the character of families in the tribe • Determining the make-up of tribal communities

3. Tribal TANF “Tribal TANF by design is different than state TANF, in that the programs are run in a manner culturally sensitive to the needs of Indian people. It seems clear Indian children in need of public assistance should be dealt with through the Tribal TANF programs so that restoration of family through traditional Indian values can be attained.” Excerpt from Jerry R. Ford’s article in the November 2007, Indian Law Newsletter entitled “The Future of Child Support Services to Urban Indian Populations.”

4. Basic Goals of TANF • Provide assistance so that children may be cared for in their own homes or the homes of relatives • End dependence on government benefits- promote job preparation, work, marriage and parental responsibility • Prevent and reduce incidence of out-of-wedlock pregnancies • Encourage the formation and maintenance of two-parent families

5. Role of Child Support • Child Support is a critical component of self-sufficiency • Child Support services provide an important contribution to achieving all of these goals for Indian families and children.

6. Child Support and TANF:Helping Families Toward Self-Sufficiency • There are numerous points at which child support and TANF agencies can coordinate efforts to improve overall service delivery and increase the number of families achieving self-sufficiency.

7. Child Support and TANF:Helping Families Toward Self-Sufficiency • From 286.155 • (a) Tribes have the option to condition eligibility for Tribal TANF assistance on assignment of child support to the Tribe consistent with paragraph (b) of this section. • (b) For Tribes choosing to condition eligibility for Tribal TANF assistance on assignment of child support to the Tribe, the TFAP must address the following: • Procedures for ensuring that child support collections, if any, in excess of the amount of Tribal TANF assistance received by the family must be paid to the family; and • How any amounts generated under an assignment and retained by the Tribe will be used to further the Tribe’s TANF program, consistent with 286.45(f)

8. Child Support and TANF:Helping Families Toward Self-Sufficiency Child Support: • Provides additional income to families to reduce dependence on government benefits • Promotes parental responsibility Children, custodial and non-custodial parents all benefit from child support services

9. Child Support and TANF:Helping Families Toward Self-Sufficiency • Tribes and States must work together to determine how Tribal TANF and State child support programs will best be able to provide services for Tribal families. • More than ever before, this collaboration is critical.

10. Child Support and TANF:Helping Families Toward Self-Sufficiency DISCUSSION: • How do you work together within and between Tribal Programs? • What are some impacts of not working together collaboratively? • What are some suggestions to help Tribal Programs work together more collaboratively?

11. Key Differences Between State and Tribal Programs • To Receive a TANF Block Grant: • A State must certify that it operates a IV-D Child Support Program • Tribes are not required to operate a child support program

12. Key Differences Between State and Tribal Programs 2. Federal Share of Child Support • States must return approximately ½ of the child support collected for TANF children to the federal government • There is NO statutory requirement for tribes to return a federal share of child support collections on TANF cases.

13. Key Differences Between State and Tribal Programs 3. Assigning Child Support • TANF programs MUST require clients to assign child support to the state (Sec. 408 [U.S.C. 608]) • Tribes can decide whether to require clients to assign child support • When a state collects child support for a Tribal TANF recipient, it may treat the money as ‘Non-Assistance’ and send 100% to the Tribe

14. Key Differences Between State and Tribal Programs 4. Cooperation with Child Support Agency • State TANF recipients are required to cooperate with the State child support agency by providing known information. • Tribes must decide whether they want to require a TANF client to cooperate with the State or Tribal child support program as a condition of eligibility.

15. How can TANF Funds be used? • Purchase and provide services such as Child Care, Housing and Transportation, for TANF eligible individuals • Provide for costs of education and training, including post-secondary education if it is intended to lead to employment for the individual

16. How can TANF Funds be used? • Assist in economic development and job creation activities • Provide supportive services to prevent out-of-wedlock pregnancies and assistance in keeping families together

17. Monies Collected By Child Support Program • Tribes have options in how they treat child support collected on behalf of TANF families: • Give the entire amount of child support to family and reduce the TANF grant by that amount • Keep the child support to reimburse Tribe’s TANF program

18. Monies Collected By Child Support Program • Pass through all or part of child support to the family, and the TANF grant remains the same Be creative! For example, divide child support amount by the number of children and give gift certificates.(This practice is used by Port Gamble S’Klallam Tribe for certain cases).

19. Using Monies Collected By Child Support Program According to 45 CFR 286.155, If your tribe decides to require assignment of child support as a condition of eligibility for TANF, your plan must specify: • That child support collections in excess of the TANF grant will be paid to the family.

20. Using Monies Collected By Child Support Program • How child support collected and assigned to the tribe will be used to further the Tribe’s TANF program. (45 CFR 286.45) This means that there must be consistent and accurate recording of all child support payments received.

21. Accounting Practices for Child Support Collections Recording child support payments for each TANF recipient is important! • If child support is assigned to the tribe, 45 CFR 286.155 requires that there be procedures to ensure that excess child support be paid to the family.

22. Accounting Practices for Child Support Collections • If the tribe passes on child support directly to the family, the TANF record must still record the payments to ensure that the client does not exceed eligibility income. • Future federal audits and program reviews will look at this area. Tribes should not hold and use monies that belong to the family.

23. Contact us! • Judy Ogliore, TANF Program Specialist, Phone 206-615-2568 judy.ogliore@acf.hhs.gov • Nancy Mathieson, Child Support Program Specialist, Phone 206-615-3768 nancy.mathieson@acf.hhs.gov Region X ACF, 2201 6th Ave., MS. RX-75, Seattle, WA 98121