**SECTION I: OVERVIEW**

**Background of the Child Support Enforcement Program**

The Child Support Enforcement (CSE) program was established in 1975
under title IV-D of the Social Security Act (the Act) as a joint CSE
Federal/State partnership. The goal of the CSE program (also known as
the IV-D program) is to ensure that both parents financially support
their children. The IV-D program is charged with locating noncustodial
parents, establishing paternity, establishing and enforcing support
orders, and collecting child support payments from parents who are
legally obligated to pay.

The Office of Child Support Enforcement (OCSE) is located within the
Administration for Children and Families (ACF), Department of Health and
Human Services (DHHS). OCSE's mission is to provide direction, guidance,
and oversight to State and Tribal

IV-D program offices. The Assistant Secretary for Children and Families
is the official Director of OCSE, but the Deputy Director/Commissioner
directs daily operation of the Office. OCSE's central office is located
in Washington, DC and is organized into various offices and divisions
with specific duties and functions. OCSE's Division of Special Staffs
works with Tribal IV-D programs. In addition, there are Federal CSE
staff in each of ACF's 10 regional offices who are assigned to work on
Tribal matters. Regional office staff work directly with States and
Tribes on program implementation and operations. Central and regional
offices collaborate to assess State and Tribal needs, and to provide
technical assistance, policy clarification, training, and support for
CSE programs.

Prior to enactment of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (PRWORA), title IV-D of the Act placed
authority to administer the delivery of IV-D services solely with the
States. On most Indian reservations, the authority of State and local
governments is limited or nonexistent. The Constitution, numerous court
decisions, and Federal law clearly reserve to Indian Tribes important
powers of self-government, including the authority to make and enforce
laws, to adjudicate civil and criminal disputes (including domestic
relations cases), to tax, and to license. Consequently, States that
attempted to provide IV-D services on Tribal lands were constrained in
their abilities to establish paternity and to establish and enforce
child support orders. Cooperative agreements between Tribes and States
helped bring child support services to some reservations.

For the first time in the history of the program, PROWRA provided
authority under title IV-D of the Act for direct funding of Tribes and
Tribal organizations for operating CSE programs. Section 455(f) of the
Act provides:

> "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 subsection."

The Comprehensive Tribal Child Support Enforcement Programs; Interim
Final Rule was published in the Federal Register on August 21, 2000 (65
FR 50786). At the time, a number of Tribes were developing Child Support
Enforcement programs and participating in demonstration projects funded
under Federal authorities. There was concern that those CSE programs
would be unduly delayed or disrupted if they had to wait to apply for
Federal funding with the publication of the Final Rule. Therefore,
Tribes that were operating comprehensive Tribal CSE programs were
permitted to apply for Federal funding under the Interim Final Rule.
After the publication of the Interim Final Rule, nine Tribes applied
for, and were approved for Federal funding. Today, those nine Tribes are
operating IV-D programs. They are: the Chickasaw Nation; the Forest
County Potawatomi; the Lac du Flambeau Tribe; the Lummi Nation; the
Menominee Indian Tribe of Wisconsin; the Navajo Nation; the Port Gamble
S'Klallam Tribe; the Puyallup Tribe; and the Sisseton-Wahpeton Oyate of
the Lake Traverse Reservation.

On March 30, 2004 the Final Rule on Tribal Child Support Enforcement
programs was published in the Federal Register (69 FR 16638). The Rule
implements section 455(f) of the Act and sets forth the requirements and
related provisions for Tribes and Tribal organization of Tribal IV-D
programs. The requirements can be found at 45 CFR part 309.

This regulation takes into account the government-to-government
relationship between Indian Tribes and the Federal Government, the fact
that Tribal IV-D programs are new and State IV-D programs have been
operational for over 30 years, and that Tribal IV-D programs are part of
the nationwide child support enforcement system. As a result of
extensive consultation with Tribes and Tribal organizations, the
regulation accommodates unique Tribal situations in many circumstances
and balances Tribal flexibility with requirements that result in the
effective and efficient operation of Child Support Enforcement programs.

During the first three years of operating a IV-D program under the Final
Rule, Tribes and Tribal organizations receive Federal grant funds equal
to 90 percent of the total amount of approved and allowable expenditures
made for the administration of the Tribal Child Support Enforcement
program. After the initial three-year period, Tribes and Tribal
organizations receive Federal grant funds equal to 80 percent of the
total

amount of approved and allowable expenditures made for the
administration of the Tribal Child Support Enforcement program.

Under the Final Rule on Tribal Child Support Enforcement programs, a
Tribe may apply for Federal funding in one of two ways. A Tribe may
apply to operate a Child Support Enforcement program meeting the
requirements of the regulation. If a Tribe or Tribal organization does
not currently meet the regulatory requirements, it may apply for
start-up funding. During the start-up funding period, Tribes and Tribal
organizations receive Federal grant funds equal to 100 percent of
approved and allowable expenditures.

Start-up funding is available because OCSE realizes that some Tribes may
need Federal funding to move toward an operational IV-D program meeting
the requirements of the rule. That is, start-up funding enables Tribes
and Tribal organizations with the basic governmental and administrative
capabilities necessary to run a Child Support Enforcement program to put
in place a program meeting the requirements of the regulation. Start-up
funding is provided to Tribes whose applications demonstrate the
reasonable expectation that they will be ready within two years of
approval to operate a full, comprehensive IV-D program.

**Introduction**

The purpose of this Guide is to provide information to Tribes and Tribal
organizations that have decided, after thoughtful review of the Tribal
Child Support Enforcement Final Rule, to apply for Federal start-up
funding to operate a Child Support Enforcement program. The application
information in this Guide is not a template; rather it is information
that Tribes and Tribal organizations should consider when writing an
application and a Program Development Plan. [^1]

The Guide consists of four sections. Section I contains an overview of
the Tribal IV-D program, the Tribal regulation, and a description of a
Program Development Plan. Section II provides suggestions for developing
start-up applications. Section III provides tools for writing a Program
Development Plan. Section IV provides useful contact information
including websites, ACF regional offices, and Tribal IV-D agencies.

This information is intended to assist Tribes and Tribal organizations
in applying for start-up funding to operate Child Support Enforcement
programs. Tribes and Tribal organizations are encouraged to work closely
with ACF regional offices, currently operating Tribal IV-D agencies,
and, if appropriate, State IV-D agencies. Please note: Use of the Guide
does not guarantee a Tribe or Tribal Organization an approved start-up
application.

**The Provisions of the Regulation**

This information is intended to be used in conjunction with the
regulations and does not contain the regulations found at 45 CFR part
309. The regulation itself may be viewed at OCSE's website at:
[http://www.acf.hhs.gov/programs/cse/fct/Tribal.htm](http://www.acf.hhs.gov/programs/cse/fct/tribal.htm).
The

regulation contains detailed information on the requirements that must
be met to receive Federal funding. The fourteen core requirements in the
regulation are:

1.  description of the population subject to the jurisdiction of the
    Tribal court or administrative agency;

2.  procedures for accepting all applications;

3.  due process protection;

4.  administrative and management procedures;

5.  safeguarding procedures;

6.  records maintenance;

7.  copies of applicable Tribal laws and regulations;

8.  location of custodial and noncustodial parents;

9.  establishment of paternity;

10. establishment and modification of child support obligations;

11. income withholding;

12. distribution;

13. intergovernmental case processing; and

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.

**Who is Eligible to Apply for Start-up Funding?**

Tribes that choose to administer a IV-D program must operate programs
that meet the objectives of title IV-D of the Act in conformity with the
Tribal Child Support Enforcement programs regulations, but have the
opportunity to consider their unique circumstances and develop and
administer programs consistent with Tribal laws and traditions. Tribes
should review all of the regulatory requirements to determine if a Child
Support Enforcement program is appropriate for their community.

There are minimum thresholds that a Tribe must meet in order to be
eligible to apply for start-up funding to establish a IV-D program. A
Tribe must be federally recognized. The Tribe must have at least 100
children under the age of majority within the population subject to the
jurisdiction of the Tribal court or administrative agency. A Tribal
organization that has been designated by two or more Tribes may operate
a Child Support Enforcement program as long as there is a total of at
least 100 children under the age of majority in the population of the
Tribes subject to the jurisdiction of the Tribal court or administrative
agency.

A Tribe or Tribal organization that can demonstrate to the satisfaction
of the Secretary the capacity to operate a Child Support Enforcement
program and provide justification for operating a program with less than
the minimum number of children may apply for a waiver of the 100 child
rule. The Tribe may be granted a waiver provided it can demonstrate that
it otherwise complies with the requirements of the regulation; that it
has the administrative capacity to support the operation of a Child
Support Enforcement program; that the IV-D program will be cost
effective; and it must include the number of children subject to the
jurisdiction of the Tribe or Tribal Organization.

The regulation provides for start-up funding to allow Tribes and Tribal
organizations that currently have the basic governmental and
administrative capabilities necessary to run a CSE program, to put in
place a program meeting the requirements. Basic

governmental and administrative capabilities include such things as an
effective accounting system and experience in successfully managing
other service programs. Tribes with these elements in place would be
considered capable of running a Tribal

IV-D program when they apply for start-up funding. An application for
funding must also demonstrate the Tribe's commitment to meet all the
program requirements and provide details sufficient to support the
application requirements.

**SECTION II: DEVELOPING THE START-UP APPLCIATION**

The key to developing an application for Tribal Child Support start-up
funding may be summed up in three steps:

1.  Researching and Analyzing: The Pre-Application Preparation

2.  Writing the Application, Program Development Plan and Timeline

3.  Putting the Application Together

**Step 1: Researching and Analyzing: The Pre-Application Preparation**

Prior to applying for start-up funding, a Tribe must analyze existing
laws, procedures, and any child support enforcement services that the
Tribe provides and determine which required child support services the
Tribe does not provide. This pre-application analysis is critical to
ensure a Tribe knows what must be done to meet all the regulatory
requirements within two years. The Tribe also should identify the laws,
regulations, and procedures that partially meet the Tribal IV-D
requirements and what laws, regulations, and procedures are missing.

*Suggested Steps in the Pre-Application Preparation*

-   Consider forming a project development team. Include representatives
    from the judicial, executive and/or legislative branches who can
    provide expert technical assistance regarding existing Tribal laws,
    customs, and programs. Other participants might include the Tribal
    Grants and Planning Office, Social Services Director, TANF Program
    Manager, and key staff from Domestic Violence,

> Employment and Child Welfare programs, and Elders. This team could be
> assigned responsibility for the development of the start-up
> application or serve as an advisory group to provide expert technical
> assistance to the Tribal planner/grant writer.

-   Review each of the 14 core requirements (including the sub-elements
    of each requirement) against current Tribal code, and/or Tribal
    administrative processes. Collect relevant documentation to
    ascertain whether the Tribe currently meets or partially meets one
    or more of the 14 core requirements.

-   Consider a Project Manager or Team Leader position and appropriate
    support position to be assigned responsibility of overseeing the
    entire process to ensure seamless communication, assignment of
    tasks, consolidation of research, and adherence to project timeline.

-   Talk with other Tribes that have completed the start-up application
    process. Talk with Tribes that have been operating a Child Support
    Enforcement program with IV-D funding. Learn about differences and
    similarities in these programs.

-   Survey or meet with the general Tribal population to educate them
    about child support and to ensure that the program is structured in
    a culturally appropriate manner.

-   Consult with ACF regional offices and, if appropriate, State IV-D
    programs.

**Step 2: Writing the Application**

The application for start-up funding must include a Standard Form (SF)
424, "Application for Federal Assistance"; a SF 424A, "Budget
Information---Non-Construction Programs", and a description of how the
Tribe or Tribal organization satisfies the requirements in §309.65(a).
With respect to those requirements that the Tribe does not meet, it must
submit a Program Development Plan that demonstrates the Tribe has the
capacity to operate a IV-D program and will have a program meeting all
the requirements within two years.

A Program Development Plan is a document detailing the specific steps a
Tribe or Tribal organization will take to come into compliance with the
requirements and the timeframe associated with each step. Steps may
include seeking revisions to existing laws and procedures that do not
currently meet Federal requirements. Tribes may determine the specifics
of those laws, procedures, and services, and how best to structure the
IV-D program with start-up funding during the two year start-up period.
As long as Tribes have a clear intent and include steps and timeframes
to develop a IV-D program meeting the regulatory requirements, Tribes
may use start-up funding to explore the numerous options available to
Tribes when developing a specific component of a IV-D program.

*Suggested Steps when Writing the Program Development Plan*

-   Determine if the Tribe must hire staff. The Program Development Plan
    might contain a general statement about the purpose, roles, and
    responsibilities and

> composition of the project team. The timeframe involved in recruiting
> and hiring staff would be included in the Program Development Plan.

-   Develop a start-up application outline based on the requirements in
    45 CFR 309.16.

-   **Note:** While the next three points are not essential, including
    these summaries will enable application reviewers to see an overall
    picture of Tribal operations.

1.  Consider including a brief Tribal history and a description of the
    Tribal population.

> 2\. Consider including a summary of the Tribe's governmental structure
> organization, (e.g., administrative, legislative and judicial
> branches, and respective responsibilities).
>
> 3\. Consider a brief summary and/or list of current ACF-funded
> programs administered by the Tribe, (e.g., Head Start, Child Care,
> Family Violence Prevention, Child Welfare, etc.) that support or
> provide an example of the Tribe's capacity to operate a Tribal Child
> Support Enforcement program.

-   Organize the main body of the application in accordance with 45 CFR
    309.65. This will ensure all information submitted relevant to a
    specific requirement is clearly identified for reviewing officials.

-   State how each requirement is met. Attach all relevant documents to
    substantiate compliance.

-   There may be requirements that are partially met. State how the
    requirements are partially met. Attach all relevant documents to
    substantiate partial compliance.

-   Assign responsibility within the project development team for each
    of the tasks identified in the Program Development Plan. The
    completion of specified steps will constitute project milestones.

-   Include a timeframe for accomplishing each identified task.

-   Number the pages and include a table of contents for easy reference.

**Step 3: Putting the Application Together**

-   Use an Appendix to include all support documentation or supplemental
    information that addresses application requirements with a clear
    link to the specific requirement.

-   Prove the documentation used to support the SF 424 and 424A.

-   Ensure that all necessary Tribal officials have signed the
    application.

**SECTION III: TOOLS**

This section contains two tools. The first is a table which outlines the
fourteen core requirements in 45 CFR 309.65. These requirements are
listed individually in the

table's first column. The second column outlines possible tasks
associated with the development of the Program Development Plan for each
requirement. The third column contains practical considerations
associated with each of the tasks. This is not an all-inclusive list,
but will be helpful in thinking through the development of the Program
Development Plan.

The second tool is a checklist of required Tribal laws. Each requirement
is broken into sections for ease of review. Tribes may use this tool to
review existing laws and determine which laws are needed to meet the
requirements of the regulation. It may be that a Tribe has a law that
meets a portion of the requirement, and would simply need to amend the
existing law to include the missing required elements.

In the absence of written laws and regulations, a Tribe or Tribal
organization may provide in its plan detailed descriptions of any Tribal
custom or common law with the force and effect of law which enables the
Tribe or Tribal organization to satisfy the requirements of 45 CFR
309.90.

Use of these tools will help ensure that necessary assessments and
needed actions are identified and addressed in the application.

+-----------------------+-------------------------+--------------------+
| 1\. A description of  | -   Determine if there  | -   Does the       |
| the population        |     are at least 100    |     description    |
| subject               |     children under the  |     include        |
|                       |     age of majority     |     certification  |
| to the jurisdiction   |     within the Tribe's  |     from the       |
| of the Tribal court   |     jurisdiction and    |     Tribal entity  |
| or administrative     |     provide a           |     authorized to  |
| agency for child      |     description. *(This |     certify Tribal |
| support purposes as   |     may include         |     membership or  |
| specified under       |     non-Tribal          |     any other      |
| §309.70               |     residents of the    |     support        |
|                       |     reservation, or     |     documentation? |
|                       |     non-Indian          |                    |
|                       |     residents of the    |                    |
|                       |     reservation and     |                    |
|                       |     non-members         |                    |
|                       |     employed by the     |                    |
|                       |     Tribe.)*            |                    |
+-----------------------+-------------------------+--------------------+
| 2\. Evidence that the | -   Review existing     | -   Will this      |
| Tribe or Tribal       |     Tribal programs     |     require a      |
| organization has in   |     that require        |     Tribal         |
| place procedures for  |     applications.       |     ordinance?     |
| accepting all         |                         |                    |
| applications for IV-D | -   Research/review     | -   Can existing   |
| services and promptly |     other Tribal IV-D   |     application    |
| providing IV-D        |     programs'           |     processes be   |
| services required by  |     applications.       |     modified for   |
| law and regulation    |                         |     child support  |
|                       | -   Design Tribal       |     enforcement?   |
|                       |     application         |                    |
|                       |     procedures and      |                    |
|                       |     form.               |                    |
|                       |                         |                    |
|                       | -   Obtain Tribal       |                    |
|                       |     approval of         |                    |
|                       |     application         |                    |
|                       |     process/procedures, |                    |
|                       |     as necessary.       |                    |
|                       |                         |                    |
|                       | -   Implement           |                    |
|                       |     application/service |                    |
|                       |     procedures.         |                    |
+-----------------------+-------------------------+--------------------+
| 3\. Assurance that    | -   Review existing     | -   Are existing   |
| the due process       |     Tribal due process  |     due process    |
| rights of the         |     procedures.         |     procedures     |
| individuals involved  |                         |     appropriate    |
| will be protected in  | -   Research/review     |     for the child  |
| all activities of the |     other Tribal IV-D   |     support        |
| Tribal IV-D program,  |     program due process |     enforcement    |
| including             |     procedures.         |     program?       |
| establishment of      |                         |                    |
| paternity, and        | -   Determine how the   | -   Will           |
| establishment,        |     Tribe will ensure   |     procedures     |
| modification and      |     that rights are     |     need to be     |
| enforcement of        |     protected for       |                    |
| support orders        |     paternity           |   approved/written |
|                       |     establishment, and  |     by Tribal      |
|                       |     the establishment,  |     court and/or   |
|                       |     modification and    |     Tribal         |
|                       |     enforcement of      |     governing      |
|                       |     support orders.     |     body?          |
|                       |                         |                    |
|                       | -   Design Tribal IV-D  | -   How much time  |
|                       |     due process         |     will it take   |
|                       |     procedures.         |     to accomplish  |
|                       |                         |     any necessary  |
|                       | -   Obtain Tribal       |     tasks?         |
|                       |     approval of due     |                    |
|                       |     process procedures, |                    |
|                       |     as necessary.       |                    |
+-----------------------+-------------------------+--------------------+
| 4\. Administrative    | -   Designate an agency | -   Where will the |
| and management        |     to administer the   |     agency fall    |
| procedures as         |     Tribal IV-D         |     within the     |
| specified under       |     program.            |     Tribal         |
| §309.75               |                         |     government?    |
|                       | -   Research/review     |                    |
|                       |     other Tribal IV-D   | -   What are       |
|                       |     programs'           |     reasonable     |
|                       |     structure,          |     salaries for   |
|                       |     staffing, etc.      |     each position? |
|                       |                         |                    |
|                       | -   Determine the       | -   How many staff |
|                       |     structure of the    |     will be needed |
|                       |     agency.             |     to operate the |
|                       |                         |     program once   |
|                       | -   Determine required  |     it is fully    |
|                       |     number of staff.    |     funded?        |
|                       |                         |                    |
|                       | -   Develop position    | -   Will           |
|                       |     descriptions.       |     additional     |
|                       |                         |     staff be added |
|                       | -   Develop             |     in the second  |
|                       |                         |     year?          |
|                       |  roles/responsibilities |                    |
|                       |     within the agency.  | -   Will           |
|                       |                         |     additional     |
|                       | -   Hire and train      |                    |
|                       |     staff.              |  insurance/bonding |
|                       |                         |     be required?   |
|                       | -   Determine if        |                    |
|                       |     current Tribal      | -   Will notice be |
|                       |     insurance and/or    |     provided       |
|                       |     bond is sufficient  |     manually,      |
|                       |     to meet the         |     electronically |
|                       |     requirement against |     and/or by an   |
|                       |     all losses.         |     automated      |
|                       |                         |     voice response |
|                       | -   Research/review     |     system?        |
|                       |     existing Tribal     |                    |
|                       |     programs requiring  |                    |
|                       |     financial data      |                    |
|                       |     collection and      |                    |
|                       |     corresponding       |                    |
|                       |     issuance of         |                    |
|                       |     notices.            |                    |
|                       |                         |                    |
|                       | -   Design process for  |                    |
|                       |     maintaining payment |                    |
|                       |     records of monthly  |                    |
|                       |     Tribal child        |                    |
|                       |     support amounts     |                    |
|                       |     collected.          |                    |
|                       |     (Research what      |                    |
|                       |     other Tribes use,   |                    |
|                       |     as necessary.)      |                    |
|                       |                         |                    |
|                       | -   Design notice of    |                    |
|                       |     support collected,  |                    |
|                       |     itemized by month   |                    |
|                       |     of collection, and  |                    |
|                       |     process for the     |                    |
|                       |     notice.             |                    |
|                       |                         |                    |
|                       | -   Obtain Tribal       |                    |
|                       |     approval of notice  |                    |
|                       |     procedures, as      |                    |
|                       |     necessary           |                    |
|                       |                         |                    |
|                       | -   Implement           |                    |
|                       |     procedures to       |                    |
|                       |     capture collections |                    |
|                       |     data and yearly     |                    |
|                       |     notification of     |                    |
|                       |     monthly support     |                    |
|                       |     collected.          |                    |
|                       |     (Research what      |                    |
|                       |     other Tribes use,   |                    |
|                       |     as necessary.)      |                    |
|                       |                         |                    |
|                       | -   Research/review     |                    |
|                       |     current Tribal      |                    |
|                       |     programs requiring  |                    |
|                       |     an application fee. |                    |
|                       |                         |                    |
|                       | -   Research/review     |                    |
|                       |     other Tribal IV-D   |                    |
|                       |     program requiring   |                    |
|                       |     an application fee. |                    |
|                       |                         |                    |
|                       | -   Determine if an     |                    |
|                       |     application fee is  |                    |
|                       |     appropriate.        |                    |
+-----------------------+-------------------------+--------------------+
| 5\. Safeguarding      | -   Research/review     | -   Will a Tribal  |
| procedures as         |     existing U.S.       |     ordinance/law  |
| specified under       |     Department of       |     need to be     |
| §309.80               |     Health and Human    |     passed?        |
|                       |     Services supported  |                    |
|                       |     Tribal programs     | -   Are there      |
|                       |     requiring           |     current        |
|                       |     safeguarding of     |     safeguarding   |
|                       |     information         |     policies in    |
|                       |     procedures.         |     place that can |
|                       |                         |     be amended to  |
|                       | -   Research/review     |     meet child     |
|                       |     current Tribal      |     support        |
|                       |     safeguarding        |     requirements?  |
|                       |     procedures.         |                    |
|                       |                         |                    |
|                       | -   Research/review     |                    |
|                       |     other Tribal IV-D   |                    |
|                       |     program             |                    |
|                       |     safeguarding of     |                    |
|                       |     information         |                    |
|                       |     procedures.         |                    |
|                       |                         |                    |
|                       | -   Determine           |                    |
|                       |     appropriate         |                    |
|                       |     sanctions for       |                    |
|                       |     breech of           |                    |
|                       |     safeguarding        |                    |
|                       |     procedures.         |                    |
|                       |                         |                    |
|                       | -   Develop             |                    |
|                       |     safeguarding        |                    |
|                       |     procedures.         |                    |
|                       |                         |                    |
|                       | -   Obtain Tribal       |                    |
|                       |     approval of         |                    |
|                       |     safeguarding        |                    |
|                       |     procedures, as      |                    |
|                       |     necessary.          |                    |
|                       |                         |                    |
|                       | -   Implement           |                    |
|                       |     safeguarding        |                    |
|                       |     procedures.         |                    |
+-----------------------+-------------------------+--------------------+
| 6\. Assurance that    | -   Research/review     | -   Where will the |
| the Tribe or Tribal   |     existing Tribal     |     records be     |
| organization will     |     records maintenance |     physically     |
| maintain records as   |     procedures.         |     located?       |
| specified under       |                         |                    |
| §309.85               | -   Research/review     | -   How will they  |
|                       |     existing Tribal     |     be stored?     |
|                       |     IV-D records        |                    |
|                       |     maintenance         | -   How will case  |
|                       |     procedures.         |     files be       |
|                       |                         |     organized?     |
|                       | -   Design records      |                    |
|                       |     maintenance         | -   Who will       |
|                       |     procedures.         |     maintain the   |
|                       |                         |     statistical    |
|                       | -   Obtain Tribal       |     information    |
|                       |     approval for        |     and files?     |
|                       |     records maintenance |                    |
|                       |     procedures, as      | -   Who will       |
|                       |     necessary.          |     maintain the   |
|                       |                         |     fiscal         |
|                       | -   Implement records   |     information    |
|                       |     maintenance         |     and records?   |
|                       |     procedures.         |                    |
+-----------------------+-------------------------+--------------------+
| 7\. Copies of all     | -   Research/review     | -   Are there      |
| applicable Tribal     |     current Tribal law  |     unwritten      |
| laws and regulations  |     for the             |     Tribal customs |
| as specified under    |     establishment of    |     having the     |
| §309.90               |     paternity for any   |     force and      |
|                       |     child up to and     |     effect of law  |
|                       |     including 18 years  |     that address   |
|                       |     of age.             |     these issues?  |
|                       |                         |                    |
|                       | -   Research/review     | -   Are there      |
|                       |     current Tribal law  |     current Tribal |
|                       |     for establishment   |     family         |
|                       |     and modification of |     law/codes that |
|                       |     child support       |     may be         |
|                       |     obligations.        |     applicable for |
|                       |                         |     child support  |
|                       | -   Research/review     |     purposes?      |
|                       |     existing Tribal     |                    |
|                       |     IV-D laws in other  | -   Does the Tribe |
|                       |     Tribal IV-D         |     have a process |
|                       |     programs.           |     in place for   |
|                       |                         |     collecting     |
|                       | -   Research/review     |     debt that may  |
|                       |     current Tribal law  |     be modified to |
|                       |     for income          |     accommodate    |
|                       |     withholding.        |     income         |
|                       |                         |     withholding?   |
|                       | -   Research/review     |                    |
|                       |     current Tribal law  | -   How long will  |
|                       |     for location of     |     it take to get |
|                       |     custodial and       |     laws           |
|                       |     noncustodial        |                    |
|                       |     parents.            |   passed/codified? |
|                       |                         |     *(Factor that  |
|                       | -   Draft proposed      |     into the time  |
|                       |     Tribal laws.        |     line.)*        |
|                       |                         |                    |
|                       | -   Propose any         |                    |
|                       |     necessary laws to   |                    |
|                       |     Tribal counsel.     |                    |
|                       |                         |                    |
|                       | -   Obtain Tribal       |                    |
|                       |     approval of any     |                    |
|                       |     necessary laws, if  |                    |
|                       |     necessary.          |                    |
+-----------------------+-------------------------+--------------------+
| 8\. Procedures for    | -   Research/review     | -   *Tools for     |
| the location of       |     current Tribal      |     locate may     |
| noncustodial parents  |     locate procedures.  |     include: local |
| as specified under    |                         |     officials and  |
| §309.95               | -   Research/review     |     employees      |
|                       |     existing Tribal     |     administering  |
|                       |     IV-D locate         |     social         |
|                       |     procedures.         |     services;      |
|                       |                         |     relatives and  |
|                       | -   Establish           |     friends of     |
|                       |     agreements with     |     custodial and  |
|                       |     various agencies    |     noncustodial   |
|                       |     for locate          |     parents;       |
|                       |     activities, if      |     current or     |
|                       |     necessary. (For     |     past           |
|                       |     example, with the   |     employers; the |
|                       |     State IV-D agency   |     local          |
|                       |     to provide locate   |     telephone      |
|                       |     services)           |     company; US    |
|                       |                         |     Postal         |
|                       | -   Explore cooperative |     Service;       |
|                       |     agreements with     |     financial      |
|                       |     other IV-D agencies |     references;    |
|                       |     (State and Tribal)  |     unions;        |
|                       |     for locate-only     |     fraternal      |
|                       |     services.           |     organizations; |
|                       |                         |     police, parole |
|                       | -   Design locate       |     and probation  |
|                       |     procedures.         |     records as     |
|                       |                         |     appropriate    |
|                       | -   Obtain Tribal       |     and other      |
|                       |     approval of locate  |     tribal         |
|                       |     procedures, as      |     programs and   |
|                       |     necessary.          |     entities*.     |
|                       |                         |                    |
|                       |                         | -   *State         |
|                       |                         |     agencies may   |
|                       |                         |     also be        |
|                       |                         |     helpful:       |
|                       |                         |     departments    |
|                       |                         |     which maintain |
|                       |                         |     records of     |
|                       |                         |     public         |
|                       |                         |     assistance,    |
|                       |                         |     wages and      |
|                       |                         |     employment,    |
|                       |                         |     unemployment   |
|                       |                         |     insurance,     |
|                       |                         |     income         |
|                       |                         |     taxation,      |
|                       |                         |     drivers'       |
|                       |                         |     licenses,      |
|                       |                         |     vehicle        |
|                       |                         |     registration,  |
|                       |                         |     criminal       |
|                       |                         |     records, and   |
|                       |                         |     other sources, |
|                       |                         |     as             |
|                       |                         |     appropriate*.  |
+-----------------------+-------------------------+--------------------+
| 9\. Procedures for    | -   Research/review     | -   Is paternity   |
| the establishment of  |     current Tribal      |     established by |
| paternity as          |     paternity           |     Tribal custom? |
| specified under       |     establishment       |     (*If* so, *a   |
| §309.100              |     procedures.         |     description of |
|                       |                         |     the custom     |
|                       | -   Research/review     |     should be      |
|                       |     other Tribal IV-D   |     included in    |
|                       |     paternity           |     the Program    |
|                       |     establishment       |     Development    |
|                       |     procedures.         |     Plan.)*        |
|                       |                         |                    |
|                       | -   Research/review     | > *It is not the   |
|                       |     other Tribal I-D    | > intent of the    |
|                       |     voluntary paternity | > regulation that  |
|                       |     acknowledgement     | > paternity        |
|                       |     procedures.         | > establishment    |
|                       |                         | > for the purposes |
|                       | -   Research/review     | > of child support |
|                       |     agreements with     | > enforcement will |
|                       |     accredited          | > have an effect   |
|                       |     laboratories which  | > on Tribal        |
|                       |     perform legally and | > enrollment.*     |
|                       |                         |                    |
|                       |    medically-acceptable | -   Are there      |
|                       |     genetic tests.      |     current family |
|                       |                         |     law codes that |
|                       | -   Establish           |     address this   |
|                       |     procedures for the  |     issue?         |
|                       |     establishment of    |                    |
|                       |     paternity.          |                    |
|                       |                         |                    |
|                       | -   Obtain Tribal       |                    |
|                       |     approval for the    |                    |
|                       |     paternity           |                    |
|                       |     establishment       |                    |
|                       |     procedures, as      |                    |
|                       |     necessary.          |                    |
|                       |                         |                    |
|                       | -   Enter into          |                    |
|                       |     agreement with      |                    |
|                       |     accredited          |                    |
|                       |     laboratory.         |                    |
+-----------------------+-------------------------+--------------------+
| 10\. Guidelines for   | -   Research/review     | -   Are there      |
| the establishment and |     current guidelines  |     current family |
| modification of child |     for the             |     law codes that |
| support obligations   |     establishment and   |     address this   |
| as specified under    |     modification of     |     issue?         |
| §309.105              |     child support       |                    |
|                       |     obligations.        | -   Are there      |
|                       |                         |     Tribal customs |
|                       | -   Research/review     |     or practices   |
|                       |     other Tribal IV-D   |     that are used  |
|                       |     guidelines for the  |     when           |
|                       |     establishment and   |     determining    |
|                       |     modification of     |     parental       |
|                       |     child support       |     obligations to |
|                       |     obligations.        |     children?      |
|                       |                         |                    |
|                       | -   Seek input from the | -   Is "in-kind"   |
|                       |     Tribal community    |     support        |
|                       |     (custodial and      |     appropriate    |
|                       |     noncustodial        |     for the Tribe  |
|                       |     parents, Tribal     |     and its        |
|                       |     judges, other       |     community?     |
|                       |     social service      |                    |
|                       |     agencies)           | -   What types of  |
|                       |     concerning          |     non-cash       |
|                       |     appropriate         |     payments will  |
|                       |     obligation amounts. |     the Tribe      |
|                       |                         |     accept?        |
|                       | -   Determine           |     *(Examples may |
|                       |     appropriateness of  |     include: deer  |
|                       |     in-kind (non-cash)  |     or fish from   |
|                       |     support             |     hunting and    |
|                       |     obligations.        |     fishing,       |
|                       |                         |     firewood,      |
|                       | -   Propose guidelines. |     child care,    |
|                       |                         |     auto repair,   |
|                       | -   Obtain Tribal       |     home repair,   |
|                       |     approval for        |     etc.)*         |
|                       |     guidelines, as      |                    |
|                       |     necessary.          |                    |
+-----------------------+-------------------------+--------------------+
| 11\. Procedures for   | -   Research/review     | -   How will the   |
| income withholding as |     current income      |     Tribe define   |
| specified under       |     withholding         |     "income" (45   |
| §309.110              |     procedures.         |     CFR 309.05)?   |
|                       |                         |                    |
|                       | -   Research/review     | -   Will the Tribe |
|                       |     other Tribal IV-D   |     want to offset |
|                       |     income withholding  |     per capita     |
|                       |     procedures.         |     payments,      |
|                       |                         |     trust monies   |
|                       | -   Research/draft      |     or Individual  |
|                       |     proposed Tribal     |     Indian Money   |
|                       |     law, as             |     (IIM)          |
|                       |     appropriate.        |     payments?      |
|                       |                         |                    |
|                       | -   Establish           | -   Will gaming    |
|                       |     procedures for      |     winnings be    |
|                       |     income withholding. |     subject to     |
|                       |                         |     garnishment?   |
|                       | -   Obtain Tribal       |                    |
|                       |     approval for income | -   Will Tribal    |
|                       |     withholding         |     employers need |
|                       |     procedures, as      |     training on    |
|                       |     necessary.          |     their          |
|                       |                         |                    |
|                       |                         |   responsibilities |
|                       |                         |     concerning     |
|                       |                         |     income         |
|                       |                         |     withholding?   |
+-----------------------+-------------------------+--------------------+
| 12\. Procedures for   | -   Research/review     | -   Will the       |
| the distribution of   |     current             |     collected      |
| child support         |     distribution of     |     monies be      |
| collections as        |     child support       |     funneled       |
| specified under       |     collections         |     through the    |
| §309.115              |                         |     Tribal         |
|                       | -   Research/review     |     financial      |
|                       |     other Tribal IV-D   |     office?        |
|                       |     income distribution |                    |
|                       |     procedures.         | -   Will the       |
|                       |                         |     distribution   |
|                       | -   Work with Tribal    |     be done        |
|                       |     TANF, if necessary, |     electronically |
|                       |     on distribution of  |     or manually?   |
|                       |     TANF.               |                    |
|                       |                         | -   Is there a     |
|                       | -   Establish           |     Tribal TANF    |
|                       |     procedures for      |     program?       |
|                       |     distribution.       |                    |
|                       |                         | -   If there is a  |
|                       | -   Obtain Tribal       |     Tribal TANF    |
|                       |     approval for        |     program, does  |
|                       |     distribution        |     it require     |
|                       |     procedures, as      |     assignment of  |
|                       |     necessary.          |     rights as a    |
|                       |                         |     condition of   |
|                       |                         |     receipt of     |
|                       |                         |     Tribal TANF?   |
+-----------------------+-------------------------+--------------------+
| 13\. Procedures for   | -   Research/review     | -   Does the Tribe |
| intergovernmental     |     current             |     currently have |
| case processing as    |     intergovernmental   |                    |
| specified under       |     case processing     |  intergovernmental |
| §309.120              |     procedures.         |     agreements     |
|                       |                         |     with states    |
|                       | -   Research/review     |     and/or Tribes  |
|                       |     other Tribal IV-D   |     that may be    |
|                       |     case processing     |     helpful?       |
|                       |     procedures.         |                    |
|                       |                         |                    |
|                       | -   Meet with State     |                    |
|                       |     and/or other Tribal |                    |
|                       |     IV-D programs to    |                    |
|                       |     establish a         |                    |
|                       |     relationship for    |                    |
|                       |     case processing.    |                    |
|                       |                         |                    |
|                       | -   Establish           |                    |
|                       |     procedures for      |                    |
|                       |     intergovernmental   |                    |
|                       |     case processing.    |                    |
|                       |                         |                    |
|                       | -   Obtain Tribal       |                    |
|                       |     approval for        |                    |
|                       |     intergovernmental   |                    |
|                       |     case processing, as |                    |
|                       |     necessary.          |                    |
+-----------------------+-------------------------+--------------------+
| 14\.                  | -   Research/review     | -   What goals     |
| Tribally-determined   |     current performance |     would the      |
| performance targets   |     targets in other    |     Tribe like to  |
| for paternity         |     social service      |     establish or   |
| establishment,        |     programs.           |     the program?   |
| support order         |                         |                    |
| establishment, amount | -   Research/review     | -   How will these |
| of current support to |     other Tribal IV-D   |     targets be     |
| be collected, amount  |     performance         |     monitored?     |
| of past-due support   |     targets.            |                    |
|                       |                         | -   How will this  |
|                       | -   Meet with Tribal    |     information be |
|                       |     officials to        |     recorded to    |
|                       |     determine what      |     report back to |
|                       |     other targets the   |     OCSE on        |
|                       |     Tribe would like to |     performance    |
|                       |     monitor.            |     goals as       |
|                       |                         |     required?      |
|                       | -   Review the National |                    |
|                       |     Child Support       |                    |
|                       |     Enforcement         |                    |
|                       |     Strategic Plan for  |                    |
|                       |     FY 2005-2009 for    |                    |
|                       |     possible            |                    |
|                       |     performance         |                    |
|                       |     targets. The plan   |                    |
|                       |     can be found at:    |                    |
|                       |                         |                    |
|                       | > <http://www.acf       |                    |
|                       | .hhs.gov/programs/cse/> |                    |
|                       |                         |                    |
|                       | -   Establish           |                    |
|                       |     performance         |                    |
|                       |     targets.            |                    |
|                       |                         |                    |
|                       | ```{=html}              |                    |
|                       | <!-- -->                |                    |
|                       | ```                     |                    |
|                       | -   Obtain Tribal       |                    |
|                       |     approval for        |                    |
|                       |     performance         |                    |
|                       |     targets, as         |                    |
|                       |     necessary.          |                    |
+-----------------------+-------------------------+--------------------+

**REQUIRED TRIBAL LAWS OR REGULATIONS**

This form is designed to be used as a checklist in the analysis of
Tribal legislation, regulations and/or procedures which have the effect
of law developed to meet the requirements 45 CFR part 309. A Tribe may
meet the requirement through enactment of Tribal law, regulations
(including court rules) and/or custom or common law which have the force
and effect of law.

In the absence of written laws and regulations, a Tribe or Tribal
organization may provide in its plan detailed descriptions of any Tribal
custom or common law with the full force and effect of law which enables
the Tribe or Tribal organization to satisfy the requirements of 45 CFR
309.\
 

+---------------------------------------------------------+------------+
| **45 CFR 309.90 -- What governing law or regulations    | **[Meet/   |
| must a Tribe or Tribal organization include in a Tribal | Cite]{.und |
| IV-D plan?**                                            | erline}**\ |
|                                                         |  \         |
| \(a\) A Tribe or Tribal organization must include in    |  \         |
| its Tribal IV-D plan Tribal law, code, regulations,     |  \         |
| and/or other evidence that provides for:                |            |
|                                                         |            |
| \(1\) Establishment of paternity for any child up to    |            |
| and including at least 18 years of age;                 |            |
|                                                         |            |
| \(2\) Establishment and modification of child support   |            |
| obligations;                                            |            |
|                                                         |            |
| \(3\) Enforcement of child support obligations,         |            |
| including requirements that Tribal employers comply     |            |
| with income withholding as required under § 309.110;    |            |
| and                                                     |            |
|                                                         |            |
| \(4\) Location of custodial and noncustodial parents.   |            |
|                                                         |            |
| \(b\) In the absence of written laws and regulations, a |            |
| Tribe or Tribal organization may provide in its plan    |            |
| detailed descriptions of any Tribal custom or common    |            |
| law which enables the Tribe or Tribal organization to   |            |
| satisfy the requirements in paragraph (a) of this       |            |
| section.                                                |            |
+---------------------------------------------------------+------------+
| **309.95 -- What procedures governing the location of   | **[        |
| custodial and noncustodial parents must a Tribe or      | Meet/Cite\ |
| Tribal organization include in a Tribal IV-D plan?**    | ]{.un      |
|                                                         | derline}** |
| A Tribe or Tribal organizations must include in its     |            |
| Tribal IV-D plan the provisions governing the location  |            |
| of custodial and noncustodial parents and their assets  |            |
| as set forth in this section.                           |            |
|                                                         |            |
| \(a\) The Tribal IV-D agency must attempt to locate     |            |
| custodial or noncustodial parents or sources of income  |            |
| and/or assets when location is required to take         |            |
| necessary action in a case; and                         |            |
|                                                         |            |
| \(b\) The Tribal IV-D agency must use all sources of    |            |
| information and records reasonably available to the     |            |
| Tribe or Tribal organization to locate custodial or     |            |
| noncustodial parents and their sources of income and    |            |
| assets.                                                 |            |
+---------------------------------------------------------+------------+

+---------------------------------------------------------+------------+
| **309.100 -- What procedures for the establishment of   | **[Meet/   |
| paternity must a Tribe or Tribal organization include   | Cite]{.und |
| in a Tribal IV-D plan?**                                | erline}**\ |
|                                                         |  \         |
| \(a\) A Tribe or Tribal organization must include in    |  \         |
| its Tribal IV-D plan the procedures for the             |  \         |
| establishment of paternity included in this section.    |  \         |
| The Tribe must include in its Tribal IV-D plan          |            |
| procedures under which the Tribal IV-D agency will:     |            |
|                                                         |            |
| -   Attempt to establish paternity by the process       |            |
|     established under Tribal law, code, and/or custom   |            |
|     in accordance with this section;                    |            |
|                                                         |            |
| -   Provide an alleged father the opportunity to        |            |
|     voluntarily acknowledge paternity; and              |            |
|                                                         |            |
| -   In a contested paternity case (unless otherwise     |            |
|     barred by Tribal law) require the child and all     |            |
|     other parties to submit to genetic tests upon the   |            |
|     request of any such party, if the request is        |            |
|     supported by a sworn statement by the party---      |            |
|                                                         |            |
|     -   Alleging paternity, and setting forth facts     |            |
|         establishing a reasonable possibility of the    |            |
|         requisite sexual contact between parties; or    |            |
|                                                         |            |
|     -   Denying paternity, and setting forth facts      |            |
|         establishing a reasonable possibility of the    |            |
|         nonexistence of sexual contact between the      |            |
|         parties.                                        |            |
|                                                         |            |
| \(b\) The Tribal agency need not attempt to establish   |            |
| paternity in any case involving incest or forcible      |            |
| rape, or in any case in which legal proceeds for        |            |
| adoption are pending, if, in the opinion of the Tribal  |            |
| IV-D agency, it would not be in the best interest of    |            |
| the child to establish paternity.                       |            |
+---------------------------------------------------------+------------+
| **309.105 -- What procedures governing child support    | **[Meet/   |
| guidelines must a Tribe or Tribal organization include  | Cite]{.und |
| in a Tribal IV-D plan?**                                | erline}**\ |
|                                                         |  \         |
| \(a\) A Tribal IV-D plan must:                          |  \         |
|                                                         |  \         |
| -   Establish one set of child support guidelines by    |            |
|     law or action of the tribunal for setting and       |            |
|     modifying child support obligation amounts;         |            |
|                                                         |            |
| -   Include a copy of child support guidelines          |            |
|     governing the establishment and modification of     |            |
|     child support obligations;                          |            |
|                                                         |            |
| -   Indicate whether non-cash payments will be          |            |
|     permitted to satisfy support obligations, and if    |            |
|     so:                                                 |            |
|                                                         |            |
|     -   Require that Tribal support orders allowing     |            |
|         non-cash payments also state the specific       |            |
|         dollar amount of the support obligations; and   |            |
|                                                         |            |
|     -   Describe the type(s) of non-cash support that   |            |
|         will be permitted to satisfy the underlying     |            |
|         specific dollar amount of the support order;    |            |
|         and                                             |            |
|                                                         |            |
|     -   Provide that non-cash payments will not be      |            |
|         permitted to satisfy assigned support           |            |
|         obligations;                                    |            |
|                                                         |            |
| -   Indicate that child support guidelines will be      |            |
|     reviewed and revised, if appropriate, at least once |            |
|     every four years;                                   |            |
|                                                         |            |
| -   Provide that there shall be a rebuttable            |            |
|     presumption, in any proceeding for the award of     |            |
|     child support, that the amount of the award that    |            |
|     would result from the application of the guidelines |            |
|     established consistent with this section is the     |            |
|     correct amount of child support to be awarded; and  |            |
|                                                         |            |
| -   Provide for the application of the guidelines       |            |
|     unless there is a written finding or a specific     |            |
|     finding on the record of the tribunal that the      |            |
|     application of the guidelines would be unjust or    |            |
|     inappropriate in a particular case in accordance    |            |
|     with criteria established by the Tribe or Tribal    |            |
|     organization. Such criteria must take into          |            |
|     consideration the needs of the child. Findings that |            |
|     rebut the guidelines must state the amount of       |            |
|     support that would have been required under the     |            |
|     guidelines and include a justification of why the   |            |
|     order varies from the guidelines.                   |            |
|                                                         |            |
| \(b\) The guidelines established under paragraph (a) of |            |
| this section must at a minimum:                         |            |
|                                                         |            |
| -   Take into account the needs of the child and the    |            |
|     earnings and income of the noncustodial parent; and |            |
|                                                         |            |
| -   Be based on specific descriptive criteria and       |            |
|     result in a computation of the support obligation.  |            |
+---------------------------------------------------------+------------+
| **309.110 -- What procedures governing income           | **[Meet    |
| withholding must a Tribe or Tribal organization include | /Cite]{.un |
| in a Tribal IV-D plan?**                                | derline}** |
|                                                         |            |
| A Tribe or Tribal organization must include in its      | **[Meet    |
| Tribal IV-D plan copies of Tribal laws providing for    | /Cite]{.un |
| income withholding in accordance with this section.     | derline}** |
|                                                         |            |
| \(a\) In the case of each noncustodial parent against   |            |
| whom a support order is or has been issued or modified  |            |
| under the Tribal IV-D plan, or is being enforced under  |            |
| such plan, so much or his or her income, as defined in  |            |
| §309.05, must be withheld as is necessary to comply     |            |
| with the order.**\***                                   |            |
|                                                         |            |
| \(b\) In addition to the amount to be withheld to pay   |            |
| the current month's obligation, the amount withheld     |            |
| must include an amount to be applied toward liquidation |            |
| of any overdue support.                                 |            |
|                                                         |            |
| \(c\) The total amount to be withheld under paragraphs  |            |
| (a) and (b) of this section may not exceed the maximum  |            |
| amount permitted under section 303(b) of the Consumer   |            |
| Credit Protection Act (15 U.S.C. 1673(b)), but may be   |            |
| set at a lower amount.                                  |            |
|                                                         |            |
| \(d\) Income withholding must be carried out in         |            |
| compliance with the procedural due process requirements |            |
| established by the Tribe or Tribal organization.        |            |
|                                                         |            |
| \(e\) The Tribal IV-D agency will promptly refund       |            |
| amounts which have been improperly withheld.            |            |
|                                                         |            |
| \(f\) The Tribal IV-D agency will promptly terminate    |            |
| income withholding in cases where there is no longer a  |            |
| current order for support and all arrearages have been  |            |
| satisfied.                                              |            |
|                                                         |            |
| \(g\) If the employer fails to withhold income in       |            |
| accordance with the provision of the income withholding |            |
| order, the employer will be liable for the accumulated  |            |
| amount the employer should have withheld from the       |            |
| noncustodial parent's income.                           |            |
|                                                         |            |
| \(h\) Income shall not be subject to withholding in any |            |
| case where:                                             |            |
|                                                         |            |
| -   Either the custodial or noncustodial parent         |            |
|     demonstrates, and the tribunal enters a finding,    |            |
|     that there is good cause not to require income      |            |
|     withholding; or                                     |            |
|                                                         |            |
| -   A signed written agreement is reached between the   |            |
|     noncustodial and custodial parent, which provides   |            |
|     for an alternative arrangement, and is reviewed and |            |
|     entered into the record by the tribunal.            |            |
|                                                         |            |
| \(i\) Where immediate income withholding is not in      |            |
| place, the income of the noncustodial parent shall      |            |
| become subject to withholding, at the earliest, on the  |            |
| date on which the payments which the noncustodial       |            |
| parent has failed to make under a Tribal support order  |            |
| are at least equal to the support payable for one       |            |
| month.                                                  |            |
|                                                         |            |
| \(j\) The only basis for contesting a withholding is a  |            |
| mistake of fact, which for the purposes of this         |            |
| paragraph, means an error in the amount of current or   |            |
| overdue support or in the identity of the alleged       |            |
| noncustodial parent.                                    |            |
|                                                         |            |
| \(k\) Tribal law must provide that the employer is      |            |
| subject to a fine to be determined under Tribal law for |            |
| discharging a noncustodial parent from employment,      |            |
| refusing to employ, or taking disciplinary action       |            |
| against any noncustodial parent because of the          |            |
| withholding.                                            |            |
|                                                         |            |
| \(l\) To initiate income withholding, the Tribal IV-D   |            |
| agency must send the noncustodial parent's employer a   |            |
| notice using the standard Federal income withholding    |            |
| form.                                                   |            |
|                                                         |            |
| \(m\) The Tribal IV-D agency must allocate withheld     |            |
| amounts across multiple withholding orders to ensure    |            |
| that in no case shall allocation result in a            |            |
| withholding for one of the support obligations not      |            |
| being implemented.                                      |            |
|                                                         |            |
| \(n\) The Tribal IV-D agency is responsible for         |            |
| receiving and processing income withholding orders from |            |
| states, Tribes, and other entities, and ensuring orders |            |
| are properly and promptly served on employers within    |            |
| the Tribe's jurisdiction.                               |            |
|                                                         |            |
| **\***The term \"income\" means any periodic form of    |            |
| payment due to an individual, regardless of source,     |            |
| except that a Tribe may expressly decide to exclude per |            |
| capita, trust or Individual Indian Money (IIM)          |            |
| payments.                                               |            |
+---------------------------------------------------------+------------+

**SECTION IV: CONTACT INFORMATION**

Information about the Child Support Enforcement program is located on
our website at: <http://www.acf.hhs.gov/programs/cse/> . Information
specific to the Tribal Child Support Enforcement program may be found
at: <http://www.acf.hhs.gov/programs/cse/fct/tribal.htm>

Tribes and Tribal organizations are encouraged to work closely with ACF
Regional offices, currently-operating Tribal IV-D agencies and State
IV-D agencies, as appropriate.

Listed below is the ACF Central office contact information, Regional
office contact information and currently operating Tribal IV-D Agency
contact information. We encourage open communication between all parties
involved.

**ACF Central Office Contacts**

Jay Adams, Director

Division of Special Staffs

370 L'Enfant Promenade, SW

Washington, DC 20447

\(202\) 260-1527

Paige Biava, Policy Specialist

Division of Policy

370 L'Enfant Promenade, SW

Washington, DC 20447

\(202\) 401-5635

Joseph Lonergan, Office of Grants Management

Division of Mandatory Grants

370 L'Enfant Promenade, SW

Washington, DC 20447

\(202\) 401-6603

**ACF Regional Office Contacts**

Steve Henigson, Regional Administrator

Regional Office Lead Area: Tribal Programs

2201 6^th^ Avenue, MS-70

Seattle, WA 98121

\(206\) 615-3660

Leon R. McCowan, Regional Administrator

Regional Office Lead Area: Child Support Enforcement

1301 Young Street, Suite 914

Dallas, Texas 75202

\(214\) 767-9648

RO I

John Perez

JFK Federal Building

Boston, MA 02203

\(617\) 565-2468

RO II

Joanne Krudys

26 Federal Plaza

New York, NY 10278

\(212\) 264-2890, ext. 127

RO III\
Juanita Devine

150 S. Independence Mall West

Philadelphia, PA 19106

\(215\) 861-4054

RO IV

Mary Gay

61 Forsyth Street

Atlanta, GA 30303

\(404\) 562-2953

RO V

Sally Kolanowski

233 North Michigan Avenue

Chicago, IL 60601

\(312\) 353-7073

RO VI

Carl Rich and/or Jane Martin

1301 Young Street, Suite 914

Dallas, TX 75202

\(214\) 767-3734

RO VII

Sherry Larkins

Federal Office Building

601 East 12^th^ Street

Kansas City, MO 64106

\(816\) 426-2269

RO VIII

Doreen McNicholas

1961 Stout Street

Denver, CO 80294

\(303\) 844-1174

RO IX

Dossie Terrell

50 UN Plaza

San Francisco, CA 94102

\(415\) 437-8455

RO X

Jan Jensen/Nancy Szeto

2201 6^th^ Avenue, MS-70

Seattle, WA 98121

\(206\) 615-3668/(206) 615-2555

**Tribal IV-D Contacts**

Navajo Nation\
Pierette Baldwin-Gumbrecht, Program Supervisor

Dept. of Child Support Enforcement\
PO Box 7050\
Window Rock, AZ 86515\
(928) 871-7194

Chickasaw Nation\
Jerry Sweet, Director

Child Support Enforcement Dept.\
PO Box 1809, 125 S. Broadway\
Ada, OK 74821\
(580) 436-3419

Sisseton-Wahpeton Sioux Tribe\
Rhonda Kampeska, Program Manager

Office of Child Support Enforcement\
PO Box 808\
Agency Village, SD 57262\
(605) 698-7131

Port Gamble S\'Klallam Tribe\
Melody Bidtah, Program Coordinator

Child Support Program\
31912 Little Boston Road N.E.\
Kingston, WA 98346\
(360) 297-9641

Lummi Nation\
Karen Burke, Director

Lummi Nation Child Support Enforcement\
2616 Kwina Road\
Bellingham, WA 98226\
(360) 384-2326

Puyallup Tribe of Indians\
Linda Tresaugue, Director

Child Support Enforcement Program\
1850 Alexander Ave.\
Tacoma, WA 98421\
(253) 573-7808

Lac du Flambeau\
Terry Hoyt, Director

LDF Tribal Child Support Agency\
PO Box 1198\
Lac du Flambeau, WI 54538\
(715) 588-4236

Forest County Potawatomi Community\
Jacquelyn Pische, Child Support Manager

FCPC Tribal Child Support Agency\
8000 Potawatomi Trail, PO Box 340\
Crandon, WI 54520\
(715) 478-4812

Menominee Indian Tribe of WI\
Jennifer K Gauthier, Administrative Services Officer

Menominee Tribal Child Support Agency\
PO Box 910\
Keshena, WI 54135\
(715) 799-5154

[^1]: A Program Development Plan is a document detailing the specific
    steps a Tribe or Tribal organization will take to come into
    compliance with the requirements of 45 CFR 309.65(a), and the
    timeframe associated with each step.