Embed Size (px)
Citation preview
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: [email protected]
