What’s Trending in Tribal Child Support Policy National Tribal Child Support Association Annual Training Conference June 26-30, 2016

Chad Demetrius Sawyer Senior Program Policy Specialist Office of Child Support Enforcement Division of Policy & Training 2

Facilitation Objectives Discuss some topical issues Review IV-D tribal regulatory requirements & OCSE guidance Engage in activities to apply knowledge Share information & best practices 3

Participant Objectives Establish learning goals Engage in activities Listen & share ideas Create an action plan Apply knowledge gained 4

Developing a review process 5

Questions Why is it important to hold quadrennial reviews? How should the review be organized & structured? Who should be involved in the reviews? 6

Questions What data should the reviewers examine? What questions should they ask? How should the reviewers document the review & their findings, recommendations? 7

Requirements Occurs at lease once every four years Maintain and provide documentation of the quadrennial review per § (a)(7) Submit plan amendment with the new guidelines if revised per § Notify OCSE Regional Office when the review occurs but no changes made, provide documentation 8

Flexibility Deciding on a review structure & format Identifying & selecting reviewers Developing the analysis process & selecting the data Determining how to document the review 9

Quadrennial Review of Guidelines Group Activity 10

Clarifying the requirements & discussing scenarios 11

Questions & Issues What is the general rule for tribal distribution? What are the distribution options for when the custodial parent currently receives tribal TANF? What are the distribution options for when the custodial parent formerly received tribal TANF? 12

Questions & Issues What are the distribution options for when a tribe receives a request for assistance from a state or tribal IV-D agency? Can the tribe distribute the collected support payments on behalf of a state or another tribal IV-D agency? 13

General Rule Satisfy current support obligations, except for federal income tax refund offset collections Pay all support collections to the family unless ▫ Current or former recipient of tribal TANF with an assignment of rights ▫ Collecting support on behalf of the family from a state or another tribal IV-D agency 14

Current Receipt of Tribal TANF Recipient receiving tribal TANF & has assigned support rights No request for assistance from state or other tribe ▫ Retain collections not to exceed the total amount of tribal TANF ▫ Pay remaining collections to the family 15

Current Receipt of Tribal TANF Request for assistance from state or other tribe ▫ Retain collections not to exceed the total amount of tribal TANF ▫ Send any remaining collections, as appropriate, to the requesting agency ▫ Contact the requesting agency for appropriate distribution & distribute the collections on behalf of that agency 16

Former Receipt of Tribal TANF Recipient formerly received tribal TANF & there is an assignment of support rights to the tribe No request for assistance from state or other tribe ▫ Pay current support & any arrearages owed to the family ▫ May retain any excess collections not to exceed total amount of tribal TANF ▫ Remaining collections must be paid to the family 17

Former Receipt of Tribal TANF Request for assistance from state or other tribe ▫ Send all support collected, as appropriate, to the requesting agency ▫ Contact the requesting agency for appropriate distribution & distribute the collections on behalf of that agency 18

Requests for Assistance from State or Other Tribe No assignment of support rights to the tribe for tribal TANF Send all collected support to the state or other tribal IV-D agency for distribution Contact the requesting IV-D agency for appropriate distribution 19

Federal Tax Refund Offset Collections Applied to satisfy child support arrearages 20

Contact Requesting IV-D Agency Allows the tribe to request distribution instructions & distribute the support collected on behalf of the requesting IV-D agency 21

Tribal Distribution Scenarios Discussion 22

Scenario I Your tribe has a tribal TANF program but does not require an assignment. The CP is a tribal member and has never received state TANF assistance or IV-D services. The child support order is for $500 a month with an arrears amount of $2,000. The NCP has paid $650 each month since January and the tribe garnished a settlement he received for $1,500. How would you distribute the payments? 23

Scenario II A CP has requested her case be transferred to the tribal IV-D agency. She is on state TANF and has assigned her rights to child support payments. Your tribe has received a request for assistance from the state IV-D agency to collect the assigned support. How do you respond to this request? 24

Question What has been your experience with request for assistance in enforcing and collecting support payments from state & tribal IV-D agencies? 25

Using modification & case closure policies & procedures 26

Issue Recent tribal codes have included exemptions to enforcement of support orders 27

Requirements Tribal codes must provide for the establishment, modification & enforcement of child support obligations Tribal IV-D regulations do not permit exemptions to enforcement of support orders 28

Modification & Case Closure What are your tribe’s procedures for modifying child support orders? What circumstances might warrant a modification? Does your tribe have case closure policies or procedures? If so, what are the case closure criteria? 29

Tribal Enforcement Scenario Discussion 30

Scenario I A NCP in your caseload has a current support order of $350 & arrears totaling $2,754. He pays support when he is working, but works seasonal jobs when he can find them. He has been unemployed for 6 months & unable to pay child support. As the caseworker, what steps would you take, what services would you provide in this case? 31

Scenario II The child has emancipated and the tribe is collecting arrears owed to the CP, which total $5,000. The NCP has a medically verifiable total and permanent disability and no income or assets that could be levied. As the caseworker, what steps would you take, what services would you provide in this case? 32

Finding grant guidance & requirements in 45 CFR Part 75 33

45 CFR Part 75 Previous OMB guidance documents & regulations for federal awards: 2 CFR Part 225, 45 CFR Parts 74 & 92 & A-133 OMB issued 2 CFR Part 200 to supersede and streamline previous guidance & regulations for federal awards HHS implemented the OMB regulation at 45 CFR Part 75 for HHS awards (see OCSE PIQT-16-01) 34

Uniform Guidance Group Activity 35

Using 45 CFR Part 75 Locate the guidance for the below topics in Part 75: Cost sharing or matching Travel costs Access to records Indirect (F&A) costs Procurement procedures Program income Contract provisions 36

Tribal access to FTRO 37

Status Update OCSE continues to work with IRS and the impacted states and tribes to resolve the issues with tribal participation in the FTRO program 38

Tribal access to the FPLS 39

Frequently Asked Questions FPLS fees ▫ Start-up fee (waived) ▫ Data set fee (waived) ▫ Portal/telecom fees  Allowable IV-D cost  Must submit payment to OCSE: credit card & Automated Clearing House preferred payment methods  Checks accepted 40

Frequently Asked Questions Independent security self-assessment requirements ▫ Security self-assessment providers ▫ Paying for the security self-assessment  Allowable IV-D cost Safeguarding FPLS data 41

Join the conversation 42

How will you act on the knowledge you learned today? 43

Contact Information Chad Demetrius Sawyer Senior Program Policy Specialist Office of Child Support Enforcement Division of Policy & Training Phone: (415)