ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina Tribal 101: Tribal Child Support for States Jerry L. Sweet Lisa Schwartz

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina History of Tribal Child Support  Tribal Child Support was authorized with the passage of PRWORA in 1996  Interim Final Rule for Tribal Child Support Program was published on August 21, 2000  Under the Interim Final Rule, nine tribes applied for and received direct funding.

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina History of Tribal Child Support Cont…  Final Rule was published on March 30, 2004  Federal regulation requirements for tribal programs are not identical to the regulation requirements of state programs.  Tribes that receive direct Federal funding are IV-D programs on equal footing with all other IV-D programs.

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina History of Tribal Child Support Cont…  There are currently 47 comprehensive tribes and 13 in the “start-up” phase nationally.  Comprehensive = full federal authorization to operate that meets requirements  Start-up = development, planning phase usually 2 years prior to comprehensive

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina Tribal Sovereignty  Essentially sovereignty means to govern one’s own people  Today there are 566 federally recognized tribes in the U.S.  Each with their own unique identity, culture, customs and traditions, as well as their own distinct form of government.  Unique relationship between the tribes and federal government

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina Jurisdictional Issues  Are there any?  Tribal jurisdiction is defined by the individual tribe per the federal regulation. Each will be different.

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina Comparison of State and Tribal Federal Regulations  DO TRIBES HAVE TO DEVELOP PROGRAMS JUST LIKE THEIR STATE?  Tribal regulations are located at 45 CFR Part 309  Tribal regulations differ from State regulations. Tribes have 14 requirements.  Medical Support is not a requirement for tribes.  Tribes have no obligation to create or mimic their State child support program.  Often Tribes will utilize the same guidelines as their respective State for continuity of service and to avoid forum shopping.

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina Intergovernmental Requirments  States are required to cooperate with Tribal IV-D programs pursuant to 45 C.F.R. § (a)(2)  Tribes are required to cooperate with States pursuant to 45 C.F.R. § (a)  States are required to comply with UIFSA  Tribes and States are required to comply with FFCCSOA

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina Model Tribal System (MTS)  A case management system designed by tribes for tribes with assistance and support from OCSE.  Modoc and FCPC tribes piloted the system. Modoc joined EBCI.  The two pilots have become consortia leads  By December 31st, 2013, EBCI tested and signed off the system as fully operational.

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina MTS Continued  EBCI is partnering with North Carolina to interface, utilizing CSENET and QUICK  Currently looking at future enhancements  Tribes have a choice on which system they use i.e. MTS, State, manual utilizing Access and Excel

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina Indian Health Services  Federal government has a treaty obligation to provide health insurance to tribal members  The need is not fully funded  Many tribes also contribute to health of it’s membership  IHS is considered medical support for States

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina Questions Thank You Jerry Sweet, Lisa Schwartz,