The Federal Tribal Child Support Program An Up-Date from the Office of Child Support Enforcement

Status of The Final Rule AAAAs of 08/03 the Final Rule was signed by the Assistant Secretary for the Department of Health & Human Services (HHS) TTTThe Final Rule is currently with the Department for clearance UUUUpon clearance by the Department, the Final Rule must be approved by the Office of Legislation and Budget (OLAB) OOOOCSE expects the Final Rule to be published in… April - June of 2004

Tribal IV-D Programs Two New Tribal IV-D Programs:  Lummi Nation State of Washington  Forest County Potawatomi Community State of Wisconsin

Tribes (by their location within a State) that have expressed interest: Existing Programs: New Mexico/Arizona Oklahoma Washington South Dakota Wisconsin AlaskaCaliforniaColorado North Dakota NebraskaMinnesotaMichigan South Carolina Mississippi

Legislative Proposals for FY 2003 Provide Tribes direct access to Tax Offset and the Federal Parent Locator System (FPLS) Provide Tribes direct access to Tax Offset and the Federal Parent Locator System (FPLS) Provide funding to Tribal IV-D program for Access & Visitation (A&V) activities Provide funding to Tribal IV-D program for Access & Visitation (A&V) activities Require Tribes that receive direct-Federal funding for a IV-D program to intercept gaming winnings for past due support Require Tribes that receive direct-Federal funding for a IV-D program to intercept gaming winnings for past due support

Tax Offset and FPLS  When OCSE passed legislation that allowed State IV-D programs access to tax information and the FPLS, there were no tribal programs.  OCSE has proposed legislation that would allow Tribal IV-D programs the same rights and access, as well as the responsibilities, of State IV-D programs

Access & Visitation Funding  Funding for Tribal programs for A&V would come from a funding-stream that is independent of the state funding  The proposed base-amount is $10, and/or a ratio based upon “the number of minor child in a single parent household”  This formula fairly reflects the medium amount that states currently receive for A&V  Tribes will have the same flexibility as states in how they spend A&V program dollars

Intercept of Gaming Winnings  Only Tribes with IV-D programs, and gaming establishments, will be required to intercept winnings for past-due support  The threshold amount for the past-due support intercept will coincide with the winning amounts that are currently subject to withholding for IRS/tax purposes

Gaming continued…  Tribal gaming establishments would be provided with a secure line through which they can access a child support debtor database  Tribes that withhold, based upon an error in the information provided to the debtor database, would be held harmless from all legal repercussions  The specifics of this initiative have not been determined and OCSE plans to consult with Tribal IV-D programs to establish procedures for Tribes

How are Tribal Child Support Programs Doing?

Total Support Collected FY02 CCCChickasaw Nation $1.2 million NNNNavajo Nation $1.6 million PPPPuyallup Tribe $43, MMMMenominee Tribe $399, SSSSisseton-Wahpeton $128, LLLLac du Flambeau $566, PPPPort Gamble S’Klallam $34,466.00

Program Accomplishments  Chickasaw Nation Consortium Received a transfer of 10,000 case from the State of OK; working on four additional agreements with Tribes to become part of the consortium; opened additional local offices to better serve the community  Sisseton-Wahpeton Oyate Outreach and education to the community through program sponsored activities such as an open-house and family-day functions; entered into an agreement that helps the Tribe and State of SD to define their roles and more efficiently work cases

Program Accomplishments  Navajo Nation Opened three additional offices to better serve the community  Puyallup Tribe Made significant improvements in cooperative relationships with the State of WA; hosted the National Tribal Child Support conference; enhanced communication with Tribal children services and foster-care to provide better services to tribal families; have begun working with the local State legal community to ensure tribal children are getting the best services possible

Program Accomplishments LLLLac du Flambeau Tribe Active outreach to NCP's with a focus on supporting their needs through referrals to other Tribal programs; maintain a current employment vacancy list; implement procedures to intercept per captia payments for past-due support; regularly publish informational articles that educate the public PPPPort Gamble S’Kallam Tribe Created an extensive Excel and Access-based program that tracks child support case, TANF referrals and financial records; began taking the necessary steps to prepare for transfer of cases from the state of WA to ensure children are getting the best child support services possible

Tribal Systems Workgroup Participants included representatives from seven Tribal programs as well as systems experts from two States (NM and WI) Four workgroup meetings were held in FY 02 Four additional meetings will be held in FY 03

Tribal Systems WG Outcomes  OCSE obtained a comprehensive understanding of the system needs of Tribes  The group identified technology that may be appropriate and efficient for tribal systems  Participants received training on the framework under which systems are developed

Tribal Systems WG Outcomes  A number of Tribal grantees have applied for and have received funding for preliminary systems planning  The Tribal grantees have convened a joint steering committee for the ADP planning stage

T/S Cooperation Workgroup Participants included representatives from seven Tribal programs and their State counter-parts Two workgroup meetings were held in FY 02 Two additional meetings will be held in FY 03

T/S Cooperation WG Outcomes  The workgroup identified areas where cooperation is necessary between Tribes and States for successful IV-D programs  Based upon this effort, the workgroup drafted a “Guiding Principles” document for T/S cooperative relationships, as well as “best practices”  The workgroup identified T/S issues on performance measures and reporting requirements

T/S Cooperation WG Outcomes  The workgroup drafted a Tribal “Standard Referral Form” (currently under review)  The workgroup developed shared-definitions for Tribal and State IV-D program case processing  The workgroup identified individual Tribal and State barriers (legal, political, systems, safe-guarding) that may prevent cooperative relations as well as possible solutions

What is OCSE doing to assist and support Tribal IV-D Programs?

For Tribes  Perform site-visits with Tribal Programs to identify any program issues and provide technical assistance  Solicit input from Tribes and Tribal Programs on issues that may affect their programs  Created a specific Tribal Program information page on OCSE’s web-site

For States  Assist States by clarifying policy issues as they pertain to Tribal programs  Provide training and education to States on Tribal program requirements  Facilitate and participate in T/S meetings that address issues significant to the IV-D program

Resources: OCSE, Division of Policy Paige Biava, p p p p p hhhh bbbb iiii aaaa vvvv aaaa aaaa cccc ffff.... hhhh hhhh ssss.... gggg oooo vvvv OCSE, DOSS – Tribal Program Kate Christnot, k k k k k cccc hhhh rrrr iiii ssss tttt nnnn oooo tttt aaaa cccc ffff.... hhhh hhhh ssss.... gggg oooo vvvv National Tribal Child Support Association