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@acf.hhs.gov