TRIBAL IV-D

COMPREHENSIVE PROGRAM

INFORMATION

PREPARED BY: GLORIA HOWARD

PUYALUP TRIBE CHILD SUPPORT PROGRAM

Updated November 2008

Office of Child Support Enforcement

[TABLE OF CONTENTS]{.underline}[^1]

1.  WHAT AUTHORIZES DIRECT FEDERAL FUNDING FOR TRIBAL CHILD SUPPORT
    PROGRAMS

2.  KEY DIFFERENCES AND SIMILARITIES OF TRIBAL PROGRAMS

3.  IV-D TRIBAL CHILD SUPPORT ENFORCEMENT

    a.  Bureau of Indian Affairs Tribal Courts Listing Link

    b.  National Tribal Judges Tribal Courts Listings Link

    c.  Intergovernmental Referral Guide (IRG) Profiles Link

4.  TIPS FOR WORKING WITH TRIBES

# 

# What authorizes direct federal funding for tribal child support programs

The personal responsibility and work opportunity reconciliation act of
1996 (PRWORA), public Law 104-193) and amended by the Balanced Budget
Act of 1997 (Public Law 105-33) authorizes the direct funding of tribal
child support enforcement programs by the federal government. The
Department of Health and Human Services published a Notice of Proposed
Rule Making (NPRM) and interim final rule in August 2000 providing the
mechanism for tribes to submit Child Support Enforcement (CSE) plans
and, upon approval, to receive direct federal funding of Tribal operated
programs.

The Final Rule for Tribal Child Support Enforcement Program, published
March 30, 2004, allows funding to Indian Tribes and Tribal organizations
under section 455(f) of the Social Security Act, by authorizing direct
funding of Tribal Child Support Enforcement programs meeting
requirements contained in the statute and regulation.

To receive funding, Tribes must meet the objectives of the program,
including establishment of paternity; establishment, modification, and
enforcement of support orders, and location of absent parents.
 Initially, the Federal government will pay 90 percent of reasonable and
necessary costs of the programs. Tribes and Tribal organizations will be
required to make contributions of 10 percent.

As of November 19, 2008, the following 30 Tribes have been approved to
operate their own child support programs:

-   Chickasaw Nation, OK

-   Forest County Potawatomi Community, WI

-   Lac du Flambeau Band of Lake Superior Chippewa Indians, WI

-   Lummi Tribe, WA

-   Menominee Tribe, WI

-   Navajo Nation, NM

-   Port Gamble S'Klallam Tribe, WA

-   Puyallup Tribe of Indians, WA

-   Sisseton-Wahpeton Oyate, SD

-   Central Council Tlingit & Haida Tribes, AK

-   Cherokee Nation, OK

-   Osage Nation, OK

-   Quinault Indian Nation, WA

-   Confederated Tribes of Umatilla, OR

-   Oneida Tribe of Indians, WI

-   Modoc Tribe of Indians, OK

-   Three Affiliated Tribes, ND

-   White Earth Nation, MN

-   Penobscot Nation, ME

-   Muscogee (Creek) Nation, OK

-   Keweenaw Bay Community, MI

-   Ponca Tribe, OK

-   Kaw Nation, OK

-   Red Lake Band of Chippewa Indians, MN

-   Nooksack Indian Tribe, WA

-   Mescalero Apache Tribe, NM

-   Klamath Tribes, OR

-   Northern Arapaho Tribes, WY

-   Comanche Nation, OK

-   Kickapoo Tribe, KS

Under the Final Rule the following services must be provided:

-   Paternity establishment

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-   Establishment, modification and enforcement of child support orders

-   Location of non-custodial parents

**[Key Differences and Similarities of Tribal Programs]{.underline}**

The Uniform Interstate Family Support Act (UIFSA) will not be adopted by
any tribe. Tribes operate under the Full Faith and Credit to Child
Support Orders Act (FFCCSOA) 28 U.S.C. 1738 B.

Some Tribes have adopted their own codes/laws but have incorporated
their State's child support statutes by reference while other Tribes
have written their own codes/laws, procedures and policies to govern
their child support program. The information required by each agency
will vary according to their laws and policies.

Most Tribes have a court order process. Some have Code of Federal
Regulation (CFR) courts and some have Tribal Courts. The Navajo Nation
has an administrative process.

Some Tribes operate their own Temporary Assistance for Needy Families
(TANF) programs. For those Tribes that do not have their own TANF, their
members receive TANF benefits through the states' system.

Some Tribal child support programs use the computer systems within their
corresponding state while others are not yet computerized and operate
using manual systems.

A few Tribes have agreements with their individual states or counties
for personal services on their reservation, although most do not.

Administrative hearings may or may not be provided within the Tribal
programs.

Some Tribes will accept default orders (court or administrative), most
will not.

Some Tribes will require paternity testing based on their codes/laws if
the original order does not meet certain criteria.

Some Tribes will accept a standard UIFSA transmittal, some will not. It
is recommended that you contact the Tribe to discover what paperwork is
necessary for them to process your request.

Contact the Tribe in question prior to sending a case to them to
determine if it meets that Tribe's jurisdictional requirements. (i.e.,
one or more parties a member of the Tribe, one or both parties reside on
the reservation or Indian land, non-custodial parent is employed by
Tribal entity, etc.) Requirements will not be the same for all Tribes.

**[IV-D and Non IV-D Tribal Child Support Enforcement]{.underline}**

Requirements: It is recommended that you contact the Tribe in question
before sending a request to discuss jurisdictional issues. If it is
determined that the Tribe has the jurisdiction to work the case, ask
what paperwork they will require you to send to enlist their assistance.
Please be specific about what action you are requesting assistance with
(i.e., enforcement only, paternity, modification, or order
establishment).

**[Tribal IV-D Program information]{.underline}**

Several Tribal Comprehensive Programs provide information on the
processes that govern their programs in the OCSE Intergovernmental
Referral Guide.

[[http://ocse.acf.hhs.gov/ext/irg/sps/selectastate.cfm?CFID=356019&CFTOKEN=326af93d37b2227e-3F1078AE-0746-B203-A9036EB26853A0BA]{.underline}](http://ocse.acf.hhs.gov/ext/irg/sps/selectastate.cfm?CFID=356019&CFTOKEN=326af93d37b2227e-3F1078AE-0746-B203-A9036EB26853A0BA)

Contact information is provided at
[[http://ocse.acf.hhs.gov/int/directories/index.cfm?fuseaction=main.tribalivd]{.underline}](http://ocse.acf.hhs.gov/int/directories/index.cfm?fuseaction=main.tribalivd)

**[Non IV-D Tribal Child Support Enforcement]{.underline}**

Information on contacts for Tribes is provided on

-   Bureau of Indian Affairs (BIA) List of Tribal Courts:
    [[http://web.archive.org/web/20010413171105/http://www.doi.gov/bia/courts/phoenix.html]{.underline}](http://web.archive.org/web/20010413171105/http://www.doi.gov/bia/courts/phoenix.html)

-   National Tribal Justice Resources Center: Tribal Courts by State and
    Tribe

[[http://www.ntjrc.org/tribalcourts/onlinedirectory.asp]{.underline}](http://www.ntjrc.org/tribalcourts/onlinedirectory.asp)

[Tips for Working with Tribes]{.underline}

-   Be Respectful

-   Have patience. Tribal child support issues are new to many Tribes
    and states.

-   Recognize that although Tribal CSE processes might differ from the
    state's, they are just as effective, if not more so.

-   Make contact with the Tribal Child Support Agency (TCSA) in your
    area. Coordinate a meeting to introduce staff, both theirs and
    yours. Discuss how both programs can work together in the most
    effective and efficient manner. If the Tribe does not have a child
    support program, contact the Tribal Court or Tribal Law Office for
    contact information.

-   Cultural differences can create communication challenges. Keep an
    open mind, focus on solutions and always maintain your focus on how
    best to provide services to the children.

[^1]: This document was originally produced by Ms. Gloria Howard of the
    Puyallup Tribe. ACF/OCSE/DOSS staff has modified it to update the
    list (p.2) of Comprehensive Tribal programs, which changes
    periodically. In view of these periodic changes, we have also
    modified the section on Tribal IV-D Program Information and
    Non-Tribal IV-D Tribal Child Support Enforcement so it can provide
    the reader with current information by providing links to governing
    process information of the Tribes as well as contact information.
    These links include: the Bureau of Indian Affairs Tribal courts
    list; the National Tribal Judges website where Tribal Courts are
    listed by Tribe and State; and the OCSE Intergovernmental Referral
    Guide (IRG).