Summary of the Final Rule for Tribal Child Support Enforcement
Programs
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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/p
ol/AT/2004/at-04-01.htm
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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,
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including establishment of paternity, establishment,
modification, and enforcement of support orders, and location of
absent parents.
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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.
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Subpart ATribal 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
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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
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Applicants must have at least 100 children under the age of
majority within their jurisdiction. 309.05
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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.
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Subpart BTribal IV-D Program Application Procedures
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Start-up Application If a Tribe does not satisfy all of the
requirements, it may submit an application for start-up funding.
309.16
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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
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Start-up Application There is no requirement for a non- Federal
share of costs. 309.130(c)
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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
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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)
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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
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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
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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)
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Start-up Funding Disapproval of an application for start-up
funding is not subject to administrative appeal. 309.16(b)
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Applications for Fully Operational IV-D Programs Applications
must include: SF 424Application for Federal Assistance; SF
424ABudget Information Non- Construction Programs; 309.15
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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
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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,
or a request for a waiver of the non-Federal share 309.15
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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 90 th 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
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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
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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.
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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
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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
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Subpart CTribal 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
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Subpart CTribal 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
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Subpart CTribal 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
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Subpart CTribal 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
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Subpart CTribal IV-D Plan Requirements 4.Administrative and
Management Procedures 309.75 5. Safeguarding Procedures 309.80
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Subpart CTribal IV-D Plan Requirements 6. Assurance that the
Tribe or Tribal organization will maintain specified records
309.85
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Subpart CTribal IV-D Plan Requirements 7. Copies of all
applicable Tribal laws and regulations 309.90
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Subpart CTribal IV-D Plan Requirements 8. Procedures for
location of custodial and noncustodial parents 309.95
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Subpart CTribal 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
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Subpart CTribal 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
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Subpart CTribal 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
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Subpart CTribal IV-D Plan Requirements 11. Procedures for
Income Withholding 309.110
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12. Child Support Distribution 309.115 GENERAL REQUIREMENTS
Current 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)
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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.
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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: and the 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
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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
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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.
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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; and retain 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.
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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; or
contact 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.
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Subpart CTribal 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
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Subpart DTribal 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
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Subpart DTribal 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
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Subpart DTribal 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
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Subpart DTribal 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
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Subpart DTribal IV-D Program Funding The non-Federal share must
be provided either with cash or with in- kind contributions
309.130
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In-Kind Contributions Examples include: Voluntary workers
Volunteer servicesfurnished by professional and technical
personnel, consultants, other skilled and unskilled persons
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In-Kind Contributions Examples include: Lease or Rental Charges
The amount of the lease or rental charge paid by the Tribe may be
categorized as an in-kind contribution
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Subpart DTribal 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
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Subpart DTribal 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)
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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.
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Waiver of the Non-Federal Share Emergency situations may
include hurricane, flood, fire or other similar natural disaster
situations.
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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.
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Waiver of the Non-Federal Share A temporary waiver will expire
the last day of the funding period for which the waiver was
approved.
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Subpart DTribal 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
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Subpart DTribal 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
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Subpart DTribal IV-D Program Funding Allowable costs are
reasonable and necessary costs attributable to the operation of the
IV-D program. 309.145
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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.
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Allowable Costs Examples Include: salaries of Tribal Judges
salaries of Tribal judges staff working on IV-D cases.
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Allowable Costs Examples Include: Office automation Operation
and maintenance of existing automated data processing computer
systems
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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
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Subpart EAccountability 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
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Subpart EAccountability 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
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Subpart FStatistical 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
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Contact Information Jay Adams, Director, Division of Special
Staffs 202-260-1527 Email: [email protected]@acf.hhs.gov
Paige Biava, Division of Policy 202-401-5635 Email:
[email protected]@acf.hhs.gov
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Contact Information Joe Lonergan, Office of Grants Management,
Division of Mandatory Grants 202-401-6603 Email:
[email protected][email protected]