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State and Tribal IV-D Programs: A Comparison of Federal Requirements. Legislative History. 1975 – Enactment of Title IV-D 1984 – Child Support Amendments 1988 - Family Support Act. Legislative History. 1993 – Omnibus Budget Reconciliation Act

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legislative history
Legislative History
  • 1975 – Enactment of Title IV-D
  • 1984 – Child Support Amendments
  • 1988 - Family Support Act
legislative history1
Legislative History
  • 1993 – Omnibus Budget Reconciliation Act
  • 1996 - Personal Responsibility and Work Opportunity Reconciliation Act
    • Interim Rule - 45 CFR 310
    • Final Rule – 45 CFR 309
  • 2006 – Deficit Reduction Act of 2005
federal iv d regulations for states
Federal IV-D Regulations for States:

45 CFR 302- State Plan Requirements

45 CFR 303-Standards for Program Operations

States have many written requirements:

  • Required actions for locate, establishment and enforcement, modification of orders, paternity establishment.
  • Specific timeframes for taking actions
  • System for Case Closure
federal iv d regulations for tribes
Federal IV-D Regulations for Tribes:

45 CFR 309-

Tribal Child Support Enforcement Programs

  • Tribes are required to perform the same basic services as States
  • Regulation is less prescriptive in describing how and when tribes must provide those services.
locate
STATES

45 CFR 302.35 and

45 CFR 303.3

Must have a state parent locator service

Must establish working relationships with all locate sources and agencies listed in the regulation

TRIBES

45 CFR 309.95

Tribes don’t have access to FPLS, and may request this service from State IV-D

Required to take all necessary locate actions and use all sources available

LOCATE
locate1
STATES

75 days allowed to access all appropriate sources

Repeat locate attempts when new information comes in, or at least quarterly

Establish guidelines defining diligent efforts to serve process

TRIBES

No timeframe requirements

LOCATE
paternity establishment
STATES

45 CFR 302.31

45 CFR 303.5

Process for Voluntary Paternity Acknowledgements (VAPs) has many specifics

Must give full faith and credit to VAP of another state

TRIBES

45 CFR 309.100

Must have procedures for voluntary acknowledgement of paternity; process is not prescribed

Must recognize VAP established by states

But may choose not  to

use VAP for Tribal enrollment purposes

PATERNITY ESTABLISHMENT
paternity establishment1
STATES

Default orders are considered valid, if tribunal had jurisdiction

Establish by written administrative or judicial process

TRIBES

Establishment of paternity is separate from Tribal enrollment or membership

Can include processes to establish paternity under Tribal code or custom

PATERNITY ESTABLISHMENT
paternity establishment2
PATERNITY ESTABLISHMENT

STATES and TRIBES

  • Must have Procedures for requiring genetic tests in contested paternities
  • Don’t establish in cases of incest, rape, legal adoption proceedings, or not in best interest of child
establishment and modification of support orders
STATES

45 CFR 303.4 and

45 CFR 303.8

Timeframes for establishing support order after locate of NCP or after establishing paternity and for serving order on NCP

TRIBES

45 CFR 309.105

Required to establish child support but with no specified timeframes

Often an emphasis on parties reaching agreement

ESTABLISHMENT and MODIFICATION OF SUPPORT ORDERS
establishment and modification
STATES

Order must provide for child’s health care needs

TRIBES

Not required to address health care in order, but may opt to do so.

ESTABLISHMENT and MODIFICATION
non cash payments
Non-cash Payments

Tribes

  • Order must:
    • Indicate whether non-cash support will be accepted
    • Describe the type of non-cash support that will be permitted
    • Assign a cash equivalent to those types of payments
  • May not be used to satisfy assigned arrears
establishment and modification1
STATES

Procedures to review all orders at least every three years upon the request of either party, or the State agency in assigned cases

TRIBES

Plan must address modification of child support orders

ESTABLISHMENT and MODIFICATION
establishment and modification2
ESTABLISHMENT and MODIFICATION

STATES and TRIBES

  • Child Support Guidelines must:
    • Constitute a rebuttable presumption of correct amount of support
    • Be reviewed and revised, if appropriate, at least every four years
    • Be based on specific numeric and descriptive criteria
    • Allow for deviation with written findings in the record explaining reason
establishment and modification3
ESTABLISHMENT and MODIFICATION

STATES and TRIBES

  • Can use an Administrative or Judicial forum
  • Must use local or Tribal laws and procedures
enforcement
STATES

45 CFR 303.6

Requirements for immediate wage withholding with few exceptions

TRIBES

45 CFR 309.110

Required to have procedures for income withholding in all cases when NCP is in arrears of at least one month’s support

ENFORCEMENT
enforcement1
STATES

Must submit all qualifying cases for tax offset each year.

TRIBES

Have no legal authority to submit cases for tax offset, but may request the State to do so on a case-by-case basis

ENFORCEMENT
enforcement2
STATES

Must take any other appropriate enforcement action within specified time periods

TRIBES

Only mandated enforcement remedy is income withholding

Agency is responsible for receiving and processing IWO’s from States and other Tribes for all employers within the Tribe’s jurisdiction

45 CFR 309.110(n)

ENFORCEMENT
enforcement3
ENFORCEMENT

STATES and TRIBES

  • Any amount withheld must include payment towards any accrued arrears
  • Total payment cannot exceed the maximum permitted under the Consumer Credit Protection Act
  • Must use the Federal Order/Notice to Withhold Income to Employers
medical support
STATES

45 CFR 303.31

Are required to establish and enforce medical support orders

TRIBES

Tribes are not required to address medical support, but have the option to do so

MEDICAL SUPPORT
distribution
STATES

45 CFR 302.32, 302.51, and 302.52

Specific timeframes for distribution of payments under sections 454B of the Social Security Act and other parts of the IV-D regulation

TRIBES

45 CFR 309.115

Payments must be distributed in a “timely manner”, with payments going first to current support

DISTRIBUTION
distribution1
STATES

Many detailed instructions on when and how to distribute payments on Non-Assistance, IV-A, Medicaid and IV-E cases

TRIBES

Detailed instructions on applying payments in Tribal TANF or former Tribal TANF cases; Medicaid and IV-E cases are not addressed

DISTRIBUTION
distribution2
DISTRIBUTION

TRIBES

For Responding Intergovernmental cases, Tribes are advised to send payments to the State or other Tribe, or to contact the Initiating Jurisdiction for instructions on distributing the payment.

intergovernmental procedures
STATES

45 CFR 303.7

Must comply with both Uniform Interstate Family Support Act (UIFSA) and Full Faith and Credit for Child Support Orders Act (FFCCSOA)

TRIBES

45 CFR 309.120

Tribes were not included in the UIFSA law, and are not required to comply with provisions of UIFSA. (However, a Tribe may choose to do so)

INTERGOVERNMENTAL PROCEDURES
intergovernmental procedures1
STATES

Many timeframes for various actions that must be taken on interstate cases

Must have an interstate central registry

TRIBES

Required to recognize child support orders issued by another jurisdiction in accordance with FFCCSOA

No timeframes specified

Must extend the full range of IV-D services available under it’s plan to all other Tribes or States

INTERGOVERNMENTAL PROCEDURES
case closure
States

45 CFR 303.11

Must have a system for case closure

Case must meet at least one of the listed criteria

Tribes

Case closure is not addressed in the regulation

CASE CLOSURE
federal funding
STATES

45 CFR 304

Receive 66% funding under the federal grant for most activities

TRIBES

45 CFR 309.130

Receive 90% federal funding for first three years of operation, and 80% funding each subsequent year

FEDERAL FUNDING
federal funding1
STATES

Must provide 34% of the budget through State funds

TRIBES

Non-federal share (10% or 20%) can be matched by the Tribe in part or totally through in-kind contributions, such as the Tribe providing office space and utility costs to the IV-D program

FEDERAL FUNDING
federal funding2
STATES

Have ability to earn additional performance incentives, or have monetary sanctions or fines imposed for being out of compliance with federal requirements

TRIBES

No ability to earn performance incentive money, and no sanctions imposed

Start-up period of up $500,000 for up to two years is totally federally funded

FEDERAL FUNDING
performance goals
STATES

45 CFR 305

States are regularly measured on performance in areas such as cases with orders, paternity establishment, cases with collections, etc. and also data reliability

Performance goals are set by federal government; also some states have separate goals

Performance is tied to monetary incentives or penalties

TRIBES

45 CFR 309.65

Must include performance targets in their plan each year

Each tribe determines its own targets for paternity establishment, support order establishment, amount of current support collected, amount of arrears collected, and other targets that the Tribe wants to submit.

PERFORMANCE GOALS
automated system
STATES

45 CFR 302.85,

45 CFR 307

Must have an automated system that is certified by the federal government

The federal government provided up to 90% funding for building these systems in each state

TRIBES

45 CFR 309.145

Tribes are not required to have an automated system

At this time there is no federal funding available to Tribes

Some Tribes use the State system in their state, through service agreements

AUTOMATED SYSTEM
automated system1
STATES

The system must perform many functions related to locate, payment records, case record maintenance, etc.

TRIBES

Federal funding is available for planning to build automated systems, and operation and maintenance of existing Tribal automateddata systems

AUTOMATED SYSTEM
requirements for both states and tribes
REQUIREMENTS FOR BOTH STATES AND TRIBES

States and Tribes must have procedures and evidence for:

  • Bonding of employees
  • Safeguarding of information
  • Due process rights
  • Acceptance of all applications and promptly providing services
  • Maintaining of records
ocse policy documents available at www acf hhs gov programs cse poldoc htm
OCSE Policy Documents Available atwww.acf.hhs.gov/programs/cse/poldoc.htm
questions
Questions?

Contact: Region 10 Seattle

Jan Jensen, Program Specialist

Ph. 206-615-3668

Janis.jensen@acf.hhs.gov

Levi Fisher

Ph. 206-615-2519

Levi.fisher@acf.hhs.gov