Summary of the Final Rule for Tribal Child Support

Enforcement Programs

Final rule implementing section 455(f) of the Social Security Act was published in the Federal Register on March 30, 2004 (69 FR 16638)

http://www.acf.hhs.gov/programs/cse/pol/AT/2004/at-04-01.htm

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,

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

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.

Subpart A—Tribal CSE Program: General Provisions

Who is eligible to apply?

Federally-recognized Indian Tribes, and Tribal organizations authorized by one or more federally recognized Tribes

§309.10

Indian Tribe and Tribe are defined as an Indian or Alaska Native Tribe, band, nation, pueblo, village or community that the Secretary of the Interior acknowledges to exist as an Indian Tribe.

§309.05

Applicants must have at least 100 children under the age of majority within their jurisdiction.

§309.05

Waiver of the 100-child Rule

Applicants may request a waiver of the 100-child rule if the applicant can demonstrate that it can provide the required services in a cost-effective manner even though the population includes fewer than 100 children.

Subpart B—Tribal IV-D Program Application Procedures

Start-up Application

If a Tribe does not satisfy all of the requirements, it may submit an application for start-up funding.

§309.16

Start-up Application

Start-up funding applications must be submitted on the same forms and with the same information that is required for funding a full IV-D program.

The process for approval is the same process as for fully-funded programs.

§309.16

Start-up Application

There is no requirement for a non-Federal share of costs.

§309.130(c)

Start-up Application

If the Tribe meets any of the requirements under §309.65(a), the application must include a description of how it satisfies the requirement(s).

§309.16

Start-up Application

For requirements the Tribe does not meet, the application must include a program development plan that demonstrates that it will meet the requirements of the rule within two years.

§309.16(a)(5)

Start-up Funding

Federal funding for start-up is limited to no more than to $500,000

Level of funding is based on demonstrated needs

Start-up Funding

Tribes will have 90 days after the end of the second year funding period to liquidate all obligations and submit a final report.

§309.135

Start-up Funding

The Secretary may cease start-up funding if the Tribe fails to satisfy any provisions or milestones described in its program development plan.

§309.65(b)(2)

Start-up Funding

Disapproval of an application for start-up funding is not subject to administrative appeal.

§309.16(b)

Applications for Fully Operational IV-D Programs

Applications must include:

SF 424—Application for Federal Assistance;

SF 424A—Budget Information – Non-Construction Programs;

§309.15

Applications for Fully Operational IV-D Programs

Quarter-by-quarter estimate of expenditures for the funding period;

Notification of whether the Tribe will be requesting funds for indirect costs;

§309.15

Applications for Fully Operational IV-D Programs

A narrative justification for each cost category, and either:

a statement that the Tribe will have the non-Federal share of program expenditures, ora request for a waiver of the non-Federal share

§309.15

Applications for Fully Operational IV-D Programs

The Secretary will promptly review a Tribal IV-D plan or plan amendment to determine whether it conforms to the requirements .

Action will be taken not later than the 90th day following the date the application is received.

If additional information is needed, the Secretary will promptly notify the Tribe or Tribal organization.

Action will be taken on the plan within 45 days of receipt of additional information.

§309.35

Applications for Fully Operational IV-D Programs

Applications, plans or plan amendments will be disapproved if:

it fails to meet one or more requirements of the regulation; and/or

the required Tribal laws, code, regulations and procedures are not in effect;

§309.40

Applications for Fully Operational IV-D Programs

Applications, plans, or plan amendments will be disapproved if:

the application is not complete after the Tribe or Tribal organization has had the opportunity to submit the necessary information.

Applications for Fully Operational IV-D Programs

Applicants may request reconsideration of disapproval of an application or plan amendment by filing a written request for reconsideration within 60 days after the date of the notice of disapproval.

§309.45

Applications for Fully Operational IV-D Programs

A Tribe or Tribal organization may reapply at any time, once it has remedied the circumstances that led to disapproval of the application or amendment.

§309.50

Subpart C—Tribal IV-D Plan Requirements

The Tribe or Tribal organization shall establish or designate a Tribal IV-D agency to administer its Tribal IV-D plan.

§309.60

Subpart C—Tribal IV-D Plan Requirements

The Tribe or Tribal organization may delegate functions to another Tribe or agency or to a State, as long as it ensures that all functions are carried out properly.

§309.60

Subpart C—Tribal IV-D Plan Requirements

The Tribal IV-D Plan must include:

1. description of the population subject to the jurisdiction of the Tribal court or administrative agency for IV-D purposes

§309.70

Subpart C—Tribal IV-D Plan Requirements

2. Procedures for accepting all child support applications §309.65

3. Assurance that the due process rights of individuals involved will be protected in all activities of the program §309.65

Subpart C—Tribal IV-D Plan Requirements

4. Administrative and Management Procedures

§309.75

5. Safeguarding Procedures§309.80

Subpart C—Tribal IV-D Plan Requirements

6. Assurance that the Tribe or Tribal organization will maintain specified records

§309.85

Subpart C—Tribal IV-D Plan Requirements

7. Copies of all applicable Tribal laws and regulations

§309.90

Subpart C—Tribal IV-D Plan Requirements

8. Procedures for location of custodial and noncustodial parents

§309.95

Subpart C—Tribal IV-D Plan Requirements

9. Procedures for establishment of paternity for any child up to and including at least 18 years of age

Upon request, in a contested paternity case, (unless otherwise barred by Tribal law) requirement that the child and all other parties submit to genetic tests.

§309.100

Subpart C—Tribal IV-D Plan Requirements

10. Guidelines for establishment and modification of child support obligations

The plan must include whether non-cash payments will be permitted to satisfy support obligations.

§309.105

Subpart C—Tribal IV-D Plan Requirements

If non-cash payments are permitted, the Tribal child support orders must also state the specific dollar amount of the support obligation, and

Describe the type of non-cash support that will be permitted to satisfy the obligation

Subpart C—Tribal IV-D Plan Requirements

11. Procedures for Income Withholding

§309.110

12. Child Support Distribution§309.115

GENERAL REQUIREMENTSCurrent support must be satisfied first, unless the collection is the result of a Federal Income Tax Refund Offset.Federal Income Tax Offset collections must be applied to satisfy arrears.Tribal IV-D agencies must maintain payment records of amounts of current support and arrearages owed and paid. (§309.170)

General Requirements Continued

Retained assigned support may not exceed the total amount of TANF paid to the family.If the Tribe requires assignment of support rights for TANF purposes, the Tribal IV-D agency must keep track of assigned arrearages and arrearages owed to families.If there is an intergovernmental case, distribution is determined by the State or other Tribe.

General Requirements Continued

The Tribal IV-D Agency must send All Collections to the Family If:

the case is a current Tribal TANF case and there is no assignment of support rights to the Tribe;the family has never received Tribal TANF and assigned support rights to the Tribe: andthe Tribal IV-D agency has not received an intergovernmental case from a State or another Tribe requesting assistance in collecting support for the same case

Current Tribal TANF Case with Assignment of Rights to the Tribe

If the Tribal IV-D agency has not received an case from a State or another Tribal IV-D agency, the Tribe:

may retain collections (up to total TANF paid to the family) and must send excess collection to the family

Current Tribal TANF Case with Assignment of Rights to the Tribe

If the Tribal IV-D agency has received an intergovernmental case from a State or another Tribal IV-D agency, the Tribe

Must retain collections (up to the total TANF paid to the family); and

Must send any remaining amount to State or other Tribe for distribution.

Former Tribal TANF Case with Arrearages Assigned to the Tribe

If there is not an intergovernmental case, the Tribal IV-D agency must:send to the family current support and any arrearages owed to the family; andretain any remaining collections to satisfy support assigned to the Tribe.

If there is an intergovernmental case, the Tribal IV-D agency must send collections to State or other Tribe for distribution.

Intergovernmental Cooperation Cases

If the Tribal IV-D agency has received a request for services from a State or another Tribe (an intergovernmental case), the Tribal IV-D agency must:send collections to the requesting State or Tribe for distribution; orcontact the State or other Tribe and distribute collections as directed.

Exception: In a current Tribal TANF case with assignment, Tribal IV-D agency may retain support assigned to the Tribe and then send remaining collections to the State or other Tribe for distribution.

Subpart C—Tribal IV-D Plan Requirements

13. Procedures for Intergovernmental case processing

§309.120

14. Tribally determined performance targets for paternity establishment, support order establishment, amount of current support to be collected, and amount of past due support to be collected

§309.65

Subpart D—Tribal IV-D Program Funding

Tribes and Tribal organizations with approved IV-D plans will receive Federal funding of 90 percent of the total amount of approved and allowable expenditures during the first 3 years

§309.130

Subpart D—Tribal IV-D Program Funding

Grantees must provide the non-Federal share of funding equal to 10 percent of approved and allowable expenditures during the first 3 year period

§309.130

Subpart D—Tribal IV-D Program Funding

After the first 3 years a grantee has operated a full IV-D program, the Federal grant will not exceed 80 percent of the total amount of approved and allowable expenditures

§309.130

Subpart D—Tribal IV-D Program Funding

Grantees must provide the non-Federal share of funding equal to 20 percent of approved and allowable expenditures during subsequent periods

§309.130

Subpart D—Tribal IV-D Program Funding

The non-Federal share must be provided either with cash or with in-kind contributions

§309.130

In-Kind Contributions

Examples include:

Voluntary workers

Volunteer services—furnished by professional and technical personnel, consultants, other skilled and unskilled persons

In-Kind Contributions

Examples include:

Lease or Rental ChargesThe amount of the lease or rental charge paid by the Tribe may be categorized as an in-kind contribution

Subpart D—Tribal IV-D Program Funding

Reporting forms:

Standard Form 269A (Financial Status Report – Short Form). This report is due quarterly

Form OCSE-34A (Child Support Enforcement Program: Quarterly Report of Collections)

Statistics and narrative annual reports are due 90 days after the end of the current budget period

Subpart D—Tribal IV-D Program Funding

Under certain circumstances, a grantee may apply for a temporary waiver of part or all of the non-Federal matching requirement

§309.125(e)

Waiver of the Non-Federal Share

A request for a waiver must be submitted with the original application, or, in the event of an emergency situation, as soon as the adverse effect of the emergency situation is known.

Waiver of the Non-Federal Share

Emergency situations may include hurricane, flood, fire or other similar natural disaster situations.

Waiver of the Non-Federal Share

The Tribe must demonstrate that it:

lacks sufficient funds;

has made reasonable efforts to obtain non-Federal contributions; and

has provided all required information.

Waiver of the Non-Federal Share

A temporary waiver will expire the last day of the funding period for which the waiver was approved.

Subpart D—Tribal IV-D Program Funding

Any funds that remain unobligated at the end of the budget period for which they were awarded will be returned to the Department of Health and Human Services (HHS)

§309.135

Subpart D—Tribal IV-D Program Funding

Any funds that are not liquidated within one year after the end of the budget period for which they were awarded will be returned to HHS.

§309.135

Subpart D—Tribal IV-D Program Funding

Allowable costs are reasonable and necessary costs attributable to the operation of the IV-D program.

§309.145

Allowable Costs

Examples Include:

establishment of all necessary agreements with other Tribal, State and local agencies or private provider for the provision of child support enforcement services.

Allowable Costs

Examples Include:

salaries of Tribal Judges

salaries of Tribal judge’s staff working on IV-D cases.

Allowable Costs

Examples Include:

Office automation

Operation and maintenance of existing automated data processing computer systems

Unallowable Costs

Examples May Include:

The cost of legal counsel for indigent defendants in Tribal IV-D program actions

Construction and major renovations

Jailing of Parents§309.155

Subpart E—Accountability and Monitoring

Tribal IV-D programs will be audited as a major program under audits required by OMB Circular A-133 and other provisions of 45 CFR Part 92

§309.160

The Department may supplement the required audits through reviews or audits conducted by its own staff

Subpart E—Accountability and Monitoring

If a grantee disputes a decision to disallow Tribal IV-D program expenditures, the grant appeals procedures in 45 CFR Part 16 are applicable

§309.165

Subpart F—Statistical and Narrative Reporting Requirements

Grantees must submit specified information on program activities and caseload for each budget period, within 90 days after the end of the budget period

Contact Information

Jay Adams, Director, Division of Special Staffs

202-260-1527

Email: ljadams@acf.hhs.gov

Paige Biava, Division of Policy

202-401-5635

Email: phbiava@acf.hhs.gov

Contact Information

Joe Lonergan, Office of Grants Management, Division of Mandatory Grants

202-401-6603

Email: Joseph.Lonergan@acf.hhs.gov

Contact Information

RO V: Sally Kolanowski312-353-7073Email:

Sally.Kolanowski@acf.hhs.gov

RO VI: Carl Rich214-767-8095Email: Carl.Rich@acf.hhs.gov

Contact Information

RO VIII: Doreen McNicholas303-844-1174Email:

Doreen.McNichoals@acf.hhs.gov

RO X: Janis Jensen206-615-3668Email:Janis.Jensen@acf.hhs.gov