1. IV-D Law and Regulations
National Tribal
Child Support Association
Annual Conference
1:45 – 3:00 PM, July 13, 2009
Paul Stenzel and Jessie Archibald

2. IV-D Law and Regulations
Overview:
1. Background on IV-D law
2. Review 45 CFR 309
3. Review comments and responses on a few key issues when regulation was published
Q&A

3. IV-D Law and Regulations
IV-D refers to Title IV-D of the Social Security Act found at 42 USC §§ 651 et seq.
Social Security, TANF, Child Support, Foster Care, Medicare, Medicaid, and more.

4. IV-D Law and Regulations
Title IV of the Act contains several programs including:
IV-A: TANF
IV-B: Child and family services
IV-D: Child support
IV-E: Foster care and adoption assistance

5. IV-D Law and Regulations
IV-D was added in 1975
Permitted the HHS Secretary to establish a separate division which would oversee enforcement. Included:
Parent location
State operational guidelines
Periodic review

6. IV-D Law and Regulations
Amendments in 1984 and 1988 brought the system closer to what we know today.
1992 amendment made it a federal crime not to pay child support with respect to a child who resides in another state.

7. IV-D Law and Regulations
In 1996, the Personal Responsibility and Work Opportunity Reconciliation Act amended IV-D to permit tribes to receive IV-D money directly from feds.
In August 2000, Interim Rule 45 CFR 310 allowed Tribes to apply and receive federal funds.
[Federal/State Partnership now a Federal/State/Tribal Partnership.]

8. IV-D Law and Regulations
45 CFR § 309 published as Final Rule in March 2004.
Strings attached to federal IV-D money.
14 elements required to be in plan to demonstrate IV-D capacity.

9. IV-D Law and Regulations
A description of the population subject to the jurisdiction of the Tribal court or administrative agency for child support purposes as specified under §309.70
1. Need description of population
2. At least 100 children
Two tribes can join together
Can get funding with <100 with a waiver

10. IV-D Law and Regulations
Evidence that the Tribe or Tribal organization has in place procedures for accepting all applications for IV-D services and promptly providing IV-D services required by law and regulation;

11. IV-D Law and Regulations
Assurance that the due process rights of the individuals involved will be protected in all activities of the Tribal IV-D program.
Jessie

12. IV-D Law and Regulations
TRIBAL PROGRAM ACTIVITIES
Establish Paternity
Establish Child Support Orders
Modification and Enforcement of Child Support Orders
Location of Absent Parents
Paul

13. IV-D Law and Regulations
DUE PROCESS
Substantive Due Process
Procedural Due Process
Jessie

14. IV-D Law and Regulations
14th Amendment U.S. Constitution
Indian Civil Rights Act 1968
Tribe cannot deprive person of liberty or property without due process of law
Paul

15. IV-D Law and Regulations
DUE PROCESS
Fairness
Adequate Procedures & Processes
Meaningful opportunity to participate
Jessie

16. IV-D Law and Regulations
DUE PROCESS
Hypothetical #1
Hypothetical #2

17. IV-D Law and Regulations
Administrative and management procedures as specified under §309.75;
Description of structure and distribution of responsibilities
Protection against loss
Procedures for keeping track of money collected and providing parents with a notice of support collected

18. IV-D Law and Regulations
Certification that Tribe complies with auditing requirements of the feds.
If Tribe intends to charge an application fee, plan must provide that:
Fee uniformly applied
Not greater than $25
No fee in intergovernmental transfer cases
No fee to those receiving TANF, Medicaid or IV-E money.
Fees excluded from expense claim

19. IV-D Law and Regulations
Safeguarding procedures as specified under §309.80:
Use or disclosure of personal information only for IV-D, TANF or Title XIX.

20. IV-D Law and Regulations
Safeguarding confidential information and privacy rights by procedures:
Protecting against unauthorized disclosure of information in paternity or child support case.
Prohibition against releasing whereabouts of one party or a child where party has a protective order against him or her.
Prohibition against releasing whereabouts of one party or child if belief that release of information may result in in physical or emotional harm to the party or child.
Sanctions if unauthorized disclosures.

21. IV-D Law and Regulations
Assurance that the Tribe or Tribal organization will maintain records as specified under §309.85
(a) The Tribal IV–D agency will maintain records necessary for the proper and efficient operation of the program, including records regarding:

22. IV-D Law and Regulations
Applications
Efforts to locate noncustodial parents;
(3) Paternity and support actions;
(4) Accounting on support monies;
(5) IV–D program expenditures;
(6) Any fees charged and collected, if applicable;
(7) Statistical, fiscal, and other records.
Keep records for three years

23. IV-D Law and Regulations
Copies of all applicable Tribal laws and regulations as specified under §309.90

24. IV-D Law and Regulations
Procedures for the location of noncustodial parents as specified under §309.95

25. IV-D Law and Regulations
Procedures for the establishment of paternity as specified under §
Procedures for agency, ensuring that it will:
1. Attempt to establish paternity in accordance with tribal law and/or custom
2. Provide alleged father with opportunity to voluntarily acknowledge paternity
3. In contested case, require child and parties to submit to genetic testing provided certain requirements are met.

26. IV-D Law and Regulations
Tribal IV-D agency not required to attempt to establish paternity in cases of:
Incest or forcible rape
Agency determines it is not in the best interest of the child

27. IV-D Law and Regulations
Guidelines for the establishment and modification of child support obligations as specified under §

28. IV-D Law and Regulations
IV-D Plan must:
1. Establish one set of guidelines for setting and modifying child support.
2. Include a copy with plan.

29. IV-D Law and Regulations
3. Indicate whether non-cash payments will be accepted, and if so:
Dollar amount must still be in order
Describe what non-cash payment will satisfy dollar amount
Non-cash cannot satisfy assigned support

30. IV-D Law and Regulations
4. Indicate that guidelines will be reviewed and if necessary revised every 4 years.
5. Establish rebuttable presumption that guideline amount is correct amount
6. Guidelines will apply unless written finding that guidelines would be unjust or inappropriate.

31. IV-D Law and Regulations
Guidelines must:
Take into account the needs of the child and the earnings and income of the non-custodial parent.
Be based on specific data and result in a computation of the support obligation.

32. IV-D Law and Regulations
Procedures for income withholding as specified under §

33. IV-D Law and Regulations
Procedures for the distribution of child support collections as specified under §

34. IV-D Law and Regulations
Procedures for intergovernmental case processing as specified under § :
1. Tribe agrees to extend full range of services to respond to all requests from and cooperate with states and other Tribal IV-D Agencies.

35. IV-D Law and Regulations
2. Tribe agrees to give full faith and credit in accordance with 28 USC § 1738B.

36. IV-D Law and Regulations
Tribally-determined performance targets
Paternity establishment
Support order establishment
Amount of current support to be collected
Amount of past due support to be collected

37. IV-D Law and Regulations
44 Tribes now receive funding to operate child support programs
Start-up Phase (7)
Comprehensive (37)

38. IV-D Law and Regulations
Other issues of note:
States are required to enact Uniform Interstate Family Support Act.
States are required to extend full range of services to Tribal IV-D programs.
Due process is not defined; Tribes can decide for themselves.

39. IV-D Law and Regulations
Questions

40. IV-D Law and Regulations
Contact information:
Jessie Archibald, ,
Paul Stenzel, Stenzel Law Office, LLC ,
These materials will be available on my website: