Child Support Directors Association of California in partnership with California Department of Child Support Services Annual Child Support Training Conference & Expo October 5-7, 2010 | Orange County, California

Intergovernmental Agreements with Tribes And Where it Can Take the IV-D Program ■George Chance, Chief DCSS Statewide Training Branch ■Brady Rossnagle, Tribal Relations Team Manager, State of WA Division of Child Support ■Jim Kucharek, Director, Humboldt County Department of Child Support Services

Session Outline ■ Overview – George Chance ■ State/Tribal Partnerships: – Brady Rossnagle ✷ WA State/Tribal Relations: Current landscape / How did it all start? ✷ Federal Indian Law ✷ Basic Concepts and Principles ✷ Initial Obstacles and Barriers ✷ Building Blocks for Successful State Tribal Relations ✷ Why Invest the Time and Resources? ■ Humboldt County Successes – Jim Kucharek ■ Q & A’s ■ Tribal resources to assist you

California Department of Child Support Services DCSS dedicates resources to establish statewide leadership in building positive and sustained relations with tribal governments to better serve children and families in Indian country  Forms a Tribal Relations Workgroup in 2009  Conducts LCSA survey on engagement with tribes  Identifies examples of local successes in effectively engaging tribes  Appoints a state Tribal Liaison  Participates in quarterly Tribal TANF Administrators meeting to facilitate program information sharing, relationship building  Seeks opportunities to build relations with tribes throughout the state  Convenes quarterly meetings with local Tribal Liaisons

California Department of Child Support Services DCSS encourages local child support agencies (LCSAs) to establish cooperative relations with tribal governments  Local offices identify a Tribal Liaison to provide expertise on local tribal matters and serve as a single point of contact for tribes, tribal organizations, other IV-D program staff  Build trust through open and respectful communication that honors tribal sovereignty  Local program staff explore ways to improve service coordination between IV- D and Tribal TANF programs  Consider formal and informal agreements such as Cooperative Agreement and Memorandums of Understanding as a means to establish program protocols between IV-D program and tribal courts/Tribal TANF programs

California Department of Child Support Services Education and understanding are key to positive state-tribal relations  DCSS issues Child Support Information Notices and providing foundation information for local offices on the value/importance of working with tribes  El Dorado LCSA contracts with UC Davis and collaborates with DCSS to host a series of tribal training sessions for local and state staff  DCSS encourages LCSAs to initiate and seek opportunities to meet with tribes; discuss opportunities to share training venues to better understand each others perspectives and share a common goal of service to children and families

State/Tribal Partnerships: Current landscape in WA State ■Tribes in WA State ■Division of Child Support (DCS): HQ Tribal Team, Field Office Tribal Liaisons, specialized tribal caseloads, outreach, education and training, tribal policy ■Tribal IV-D Programs and TANF Programs, and other Tribes exploring these programs. Some Tribes have both a Tribal TANF and IV-D Program ■Child Support Agreements: comprehensive agreements, Tribal TANF agreements, federal offset agreements, computer system agreements, informal processes ■DCS is a leader in successful state/tribal relations

SPIPA

Tribal IV-D and TANF Programs Colville Confederated Tribes Lummi Nation Nooksack Tribe Port Gamble S’Klallam Puyallup Tribe Quinault Nation Tulalip Tribes ■Start-Up IV-D Program Suquamish Tribe ■IV-D Programs■TANF Programs Colville Confederated Tribes Lower Elwha Klallam Lummi Nation Nooksack Tribe Port Gamble S’Klallam Quileute Tribe Quinault Nation SPIPA (S. Puget Intertribal Planning Agency) Spokane Tribe Tulalip Tribes Upper Skagit Tribe Note: Tribes highlighted in Red have both a IV-D and TANF program.

WA Tribes Pursuing Tribal IV-D or TANF Programs Tribal IV-D ■Skokomish ■Lower Elwha Klallam ■Upper Skagit ■Spokane Tribal TANF ■Chehalis ■Muckleshoot ■Shoalwater Bay

DCS Agreements with Tribes ■Child Support Agreements – Colville, Kalispel, Lower Elwha Klallam, Nez Perce(ID), Nisqually, Nooksack, Quileute, Quinault, Shoalwater Bay, Stillaguamish, Swinomish, Tulalip, and Upper Skagit ■Informal Agreements – Informal child support processes exist with numerous tribes ■Federal Offset Agreements – Colville, Lummi, Nooksack, Quinault, Port Gamble S’Klallam, Suquamish ■Data Share Agreements – Colville, Lummi, Nooksack, Port Gamble S’Klallam, Puyallup, Quileute, Quinault, Spokane, SPIPA, Suquamish, Tulalip, Upper Skagit

State/Tribal Partnerships: In WA State, How did it all start? ■1987 Colville Tribe Cooperative Agreement ■1989 Washington State Centennial Accord ■Dept of Social & Health Services (DSHS) Administrative Policy 7.01 (American Indian Policy) ■1990 DCS hires first Tribal Liaison ■Met with each Tribal Council ■1991 DCS appoints a Tribal Liaison in each office ■DCS sponsors the first (of 3) 2-day statewide state/tribal/federal child support conferences ■1992 DCS established State/Tribal/Federal Workgroup

Federal Indian Law and WA State Policy Federal Indian Law: Tribal Sovereignty Treaties /U.S. Constitution TreatiesU.S. Constitution Case Law Federal Laws/Policy and Indian Law Federal Laws Indian Law Washington State: ✷ 1989 Centennial Accord 1989 Centennial Accord ✷ DSHS Administrative Policy 7.01 (American Indian Policy) DSHS Administrative Policy 7.01 (American Indian Policy) ✷ RCW Cooperative Agreements with Indian Tribes RCW Cooperative Agreements with Indian Tribes

What is Tribal Sovereignty? ■Sovereignty: – The right or power that comes from itself, and no other source, that a government draws upon to govern. ■Tribal Sovereignty/Self-Governance: – Indian tribes enjoy all inherent powers of self- government except those Congress has specifically removed.

What is a Treaty? “A treaty, including one between the United States and an Indian tribe, is essentially a contract between two sovereign nations.” The U.S. Supreme Court ■A Treaty is not a grant of rights To a Tribe, but rather a grant of rights From the Tribe to the US government, and a “reservation of rights” not granted.

Federal Laws and Policy ■Consultation and Coordination with Indian Tribal Governments (Executive Order of 11/6/2000)Executive Order ■Tribal Consultation Memorandum of 11/5/2009Tribal Consultation Memorandum ■Full Faith & Credit to State and Tribal CS Orders (28 USC 1738B) (28 USC 1738B) ■States and Tribes may enter into Cooperative C.S. Agreements 42 U.S.C. 654 (33) 42 U.S.C. 654 (33) ■Tribes may operate Tribal IV-D Programs 45 CFR CFR 309

WA State 1989 Centennial Accord It is the cornerstone of the formal state/tribal relationship between the State of WA and the federally recognized Indian tribes in the state. “Illustrates the commitment by the parties to implementation of the government-to- government relationship. This relationship respects the sovereign status of the parties, enhances and improves communication between them, and facilitates the resolution of issues.”

WA State DSHS Administrative Policy 7.01 ■Defines the Department’s commitment to consultation with Tribes in planning DSHS services, and ensuring quality and comprehensive service delivery to American Indians in Washington. ■Requires the appointment of Tribal Liaisons. ■Requires completion of yearly implementation plans and progress reports.

WA State Law RCW Cooperative Agreements with Indian Tribes ■Encourages DCS and Indian tribes to enter into cooperative child support agreements. ■A cooperative agreement is the preferred method for handling tribal cases so that appropriate cases are referred to the Tribe for processing in Tribal Court. ■Cooperative agreements serve the best interests of the children.

So, Why are These Federal, State, and Tribal Concepts Important? Tribes are sovereign nations.  States have a government-to-government relationship with each Tribe.  Tribes have their own laws (codes), policies, court, programs, and services.  Some Tribes have their own IV-D Child Support programs. They establish paternity/child support, and enforce child support.  Some Tribes have Cooperative Agreements and informal processes with the State.

Basic Concepts and Principles ■A Tribal-State relationship exists whether or not the two governments attend to it ■Have mutual respect and a basic understanding of each other’s governments ■Every Tribe is different. No “one size fits all” approach ■Accept legal frameworks ■Be creative. Think outside-the-box (i.e. file establishment and enforcement actions in Tribal Courts) ■Seek to identify and focus on common interests. Develop a shared vision (i.e. “Best interest of the children”), rather than focusing on jurisdictional conflicts ■Be patient, persevere, and have reasonable expectations

Initial Obstacles and Barriers ■Default orders ■High arrears debts based on Administrative or Court Orders ■Full Faith and Credit ■Sovereign immunity against garnishments ■Jurisdictional issues ■Lack of legislation or policy ■Tribal lack of understanding of state and federal issues, programs and services ■State lack of understanding of tribal issues, programs and services ■Nurturing a government- to-government relationships is a very time-consuming commitment

Building Blocks for Successful State/Tribal Relations 1. Recognize the sovereignty of each Indian tribe and work with them at a government-to- government level. ✷ Make an organizational commitment to recognize tribal sovereignty ✷ Learn about the history, culture, government, concerns, and issues of each Tribe ✷ Offer to meet with Tribal Councils and Program Directors – Listen and Take Action on their concerns ✷ Consult with Tribes and seek their input ✷ Offer to negotiate intergovernmental agreements

Building Blocks for Successful State/Tribal Relations 2. Invest in Education and Training ✷ Develop a curriculum to ensure ALL staff understand the basics of tribal sovereignty and government-to- government relations ✷ Develop Tribal-specific policy that honors tribal sovereignty ✷ Ensure Tribal Liaisons have additional tribal training ✷ Sponsor opportunities for State, Tribal, and Federal staff to train and learn from each other ✷ Offer to provide technical assistance and prepare resources for Tribes ✷ Consider developing a Tribal Relations Internet Website

Building Blocks for Successful State/Tribal Relations 3. Invest in building and strengthening relationships with Tribal partners, and earning their trust and confidence. ✷ States need HQ and Field Office Tribal Liaisons ✷ Make an organizational commitment to building and strengthening relationships with Tribes ✷ Regularly seek opportunities to communicate with Tribal contacts, share information & seek input from them. ✷ Follow-up on issues that Tribes bring to your attention ✷ Recognize that this investment of time can’t be measured in the short-run

Why Invest the Time and Resources? ■States have a government-to-government relationship with Tribes, that needs to be attended to ■It produces measurable results, benefiting children and families ■A government-to-government approach often results in additional collection remedies ■Appointing Tribal Liaisons and specializing tribal cases makes sense from a business point of view ■Tribes know their members and can often provide more holistic services. ■Making an organizational commitment to work government-to-government with Tribes, invest in building and nurturing state/tribal relationships and partnerships, and invest in education and training (of staff and tribes), is worth it!

Vision vs. Challenge ONE COUNTY’S EXPERIENCE - Humboldt County  Where we’ve been…  What we’re doing now…  How do we improve our ability to Interact with California’s Indian Tribes?

Vision vs. Challenge Our Program’s Perfect World  Any customer should be able to access child support services from any portal and receive the same service, regardless of case management responsibility.  Customer service excellence is the foundation for successful performance.  Achieve trust among child support professionals and related partners.  What’s happening now…

Vision vs. Challenge HUMBOLDT COUNTY HAS THREE MAJOR TRIBES  Hoopa Tribe  Karuk Tribe  Yurok Tribe We have nine individual tribal organizations in nine different locations.

Vision vs. Challenge HISTORICALLY  Relationships with three major Tribes 15 years ago.

Vision vs. Challenge WHAT WE DID TO IMPROVE THOSE RELATIONSHIPS  Identified the Tribes within the County.  Took steps to visit each Tribal office.  Made presentations to the Tribal Councils, Tribal Court Judges, and to the Tribal TANF folks.

Vision vs. Challenge DESIGNATED A POINT OF CONTACT FOR ALL THE TRIBES  Direct telephone line for contact on all matters involving Tribal issues.

Vision vs. Challenge BARRIERS TO IMPROVING TRIBAL RELATIONS IN THE CHILD SUPPORT SETTING  Remember that Tribes are sovereign entities.  Procedures, agreements, and policies will vary from Tribe to Tribe.  Child support agencies have to be flexible.

Vision vs. Challenge WHAT ELSE DID WE DO?  Took steps to educate ourselves as to what was involved in Tribal TANF, Tribal IV-D, and Tribal Codes as they pertain to child support issues.

Vision vs. Challenge WORKED HARD TO DEVELOP COOPERATIVE AGREEMENTS WITH THE HOOPA AND KARUK TRIBES  Smoothes out a lot of issues regarding how you are going to work together when a Tribal Court issues a child support order. »In-kind orders »Medical support  Examples of the orders.

Vision vs. Challenge TRIBAL IV-D IS THE NEXT MAJOR DEVELOPMENT FOR US  We may see three Tribes coming together to form a joint Tribal IV-D agency.  First such project in the State.

Vision vs. Challenge CURRENT CIRCUMSTANCES  Our relationships with our three major Tribes are better than they has ever been.  Tribal Reservation visits.  Truly, they are colleagues. »No different than those of you we deal with in other counties.

Vision vs. Challenge TRIBAL SUMMIT  April 13, 2010, in Humboldt County  Attended by representatives of the Hoopa, Yurok, and Karuk Tribes, and the Tribal Relations Workgroup  Tribal Judges, Tribal prosecutors, Tribal TANF staff, Tribal Court clerks  Discussed how the State, counties, and Tribes can work together

Questions for us?

Tribal Resources to Assist You ■ OCSE Tribal Resources ■ OCSE Tribal Policy Issuances ■ OCSE Staff ■ WA State DCS Tribal Relations Internet Web site ■ National Tribal Child Support Association (NTCSA) ■ Tribal IV-D Programs and ■ Others (see handouts)

For More Information Contact George Chance, Chief Statewide Training Branch Dept of Child Support Services (916) Brady Rossnagle, Manager DCS Tribal Relations Team Dept of Social & Health Services 712 Pear St SE, PO Box 9162 Olympia WA 98507, Jim Kucharek, Director Humboldt County Dept of Child Support Services (707)

THE END… Intergovernmental Agreements with Tribes - And Where it Can Take the IV-D Program