(b) Applications must be submitted to the Office of Child Support Enforcement, Attention: Federal Office of Child Support Enforcement , with a copy to the appropriate regional office. Customer service hours: Monday - Friday, 7:00 am to 5:00 pm. (c) If the Tribe or Tribal organization delegates any of the functions of the Tribal IV-D program to another Tribe, a State, and/or another agency or entity pursuant to a cooperative arrangement, contract, or Tribal resolution, the Tribe or Tribal organization is responsible for securing compliance with the requirements of the Tribal IV-D plan by such Tribe, State, agency or entity. The following Tribes or Tribal organizations are eligible to apply to receive Federal funding to operate a Tribal IV-D program meeting the requirements of this part: (a) An Indian Tribe with at least 100 children under the age of majority as defined by Tribal law or code, in the population subject to the jurisdiction of the Tribal court or administrative agency. (ii) An amount based on a fee schedule not to exceed $25.00. The Department will further reduce the amount of the Tribe or Tribal organization's Federal title IV-D grant funds for the funding period by any amount reported as remaining unliquidated on the report following the last day of the liquidation period. (h) Where the Secretary believes an approved Tribal IV-D plan should be disapproved, he will notify the Tribe of his intent to disapprove the plan. The primary Judicial Branch component of the IV-D program is the Support Enforcement Services Unit of the Court Operations Division. (n) Costs associated with obtaining technical assistance that are directly related to operating a IV-D program, from non-Federal third-party sources, including other Tribes, Tribal organizations, State agencies, and private organizations, and costs associated with providing such technical assistance to public entities. (m) The Tribal IV-D agency must allocate withheld amounts across multiple withholding orders to ensure that in no case shall allocation result in a withholding for one of the support obligations not being implemented. 479a1. Except as provided in paragraph (f) of this section, the Tribal IV-D agency must send any remaining collections, as appropriate, to the requesting State IV-D agency for distribution under section 457 of the Act and 45 CFR 302.51 or 302.52, or to the requesting Tribal IV-D agency for distribution in accordance with this section. The term IVD comes from the Title IV Section D of the Social Security Act, which established the Child Support Enforcement program in 1975. People who have received assistance under the Temporary Assistance for Needy Families (TANF), Medicaid, and Federally assisted Foster Care programs are automatically referred for child support enforcement services. In extraordinary circumstances, the Secretary will consider a request to extend the period of time during which start-up funding will be available and/or to increase the amount of start-up funding provided. (3) Any approved increase in the Tribal IV-D budget will necessarily result in a proportional increase in the non-Federal share, unless a waiver of the non-Federal share has been granted. (b) If a Tribe or Tribal organization currently is unable to satisfy any or all of the requirements specified in paragraph (a) of this section: (1) It may demonstrate capacity to operate a Tribal IV-D program meeting the objectives of title IV-D of the Act and these regulations by submission of an application for start-up funding as required by 309.16(a) of this part. Learn more. (iii) Provide that non-cash payments will not be permitted to satisfy assigned support obligations; (4) Indicate that child support guidelines will be reviewed and revised, if appropriate, at least once every four years; (5) Provide that there shall be a rebuttable presumption, in any proceeding for the award of child support, that the amount of the award that would result from the application of the guidelines established consistent with this section is the correct amount of child support to be awarded; and. (ii) A Tribe or Tribal organization will receive Federal grant funds equal to 90 percent of pre-approved costs of installing the Model Tribal IVD System. (c) Establishment, modification, and enforcement of support obligations, including: (1) Investigation, development of evidence and, when appropriate, court or administrative actions; (2) Determination of the amount of the support obligation (including determination of income and allowable non-cash support under Tribal IV-D guidelines, if appropriate); (3) Enforcement of a support obligation, including those activities associated with collections and the enforcement of court orders, administrative orders, warrants, income withholding, criminal proceedings, and prosecution of fraud related to child support; and. (4) All statements in support of a waiver request must be supported by evidence including, but not limited to, a description of how the Tribe or Tribal organization's circumstances relate to its capacity to provide child support enforcement services. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. (e) Federal Income Tax Refund Offset Collections: Any collections received based on Federal income tax refund offset under section 464 of the Act and distributed by the Tribal IV-D agency must be applied to satisfy child support arrearages. This is called the Child Support / IV-D Program. Federal funds are available for costs of operating a Tribal IV-D program under an approved Tribal IV-D application carried out under 309.65(a) of this part, provided that such costs are determined by the Secretary to be reasonable, necessary, and allocable to the program. (1) During the period of start-up funding specified in 309.16, a Tribe or Tribal organization will receive Federal grant funds equal to 100 percent of approved and allowable expenditures made during that period. Acting Commissioner Title IV-D of the Federal Social Security Act requires every state to provide child support services. (3) The Secretary determines that the application, plan, or plan amendment is not complete, after the Tribe or Tribal organization has had the opportunity to submit the necessary information. (b) If a IV-D plan amendment is disapproved, there is no funding for the activity proposed in the plan amendment. Regional office refers to one of the regional offices of the Administration for Children and Families. (1) Ongoing funding. (4) Investigation and prosecution of fraud related to child and spousal support cases receiving services under the IV-D plan. Title IV-D (Title IV-D of the Social Security Act) services are for any person with legal decision-making of a child who needs help to establish a child support or medical support order, any parent who already has a support order who needs help to collect support payments, or any noncustodial parent can apply for IV-D child support. The definitions found in 301.1 of this chapter also are applicable to this part. A request for a waiver of part or all of the non-Federal share must be sent to ACF, included with the submission of SF 424A, no later than 60 days prior to the start of the funding period for which the waiver is being requested, except as provided in paragraph (e)(1)(ii) of this section. The final report for each period is due within 90 days after the end of the fourth quarter of both the funding and the liquidation period; and. OCSE refers to the Federal Office of Child Support Enforcement. (2) A signed written agreement is reached between the noncustodial and custodial parent, which provides for an alternative arrangement, and is reviewed and entered into the record by the tribunal. States must have a single statewide agency that receives the federal funding and administers the program. (c) Annual budget submission. The Child Support Enforcement (CSE) program was enacted in 1975 as a federal-state program (Title IV-D of the Social Security Act, P.L. (i) Except as provided in paragraph (c)(3)(ii) of this section, for all periods following the three-year period specified in paragraph (c)(2) of this section, a Tribe or Tribal organization will receive Federal grant funds equal to 80 percent of the total amount of approved and allowable expenditures made for the administration of the Tribal child support enforcement program. (c) Former Receipt of Tribal TANF: If the family formerly received assistance from the Tribal TANF program and there is an assignment of support rights to the Tribe and: (1) There is no request for assistance in collecting support from a State or Tribal IV-D agency under 309.120 of this part, the Tribal IV-D agency must pay current support and any arrearages owed to the family to the family and may then retain any excess collections, not to exceed the total amount of Tribal TANF paid to the family. The following definitions apply to this part: IV-D services are the services that are authorized or required for the establishment of paternity, establishment, modification, and enforcement of support orders, and location of noncustodial parents under title IV-D of the Act, this rule, the Tribal IV-D plan and program instructions issued by the Department. (b) The Tribal IV-D agency will comply with the retention and access requirements at 45 CFR 75.361 through 75.370, including the requirement that records be retained for at least three years. What is the basis for disapproval of a Tribal IV-D program application, plan or plan amendment? In some instances, the cases are referred back to the Family District Courts. (2) Initial grant. The Department has determined that this program is to be audited as a major program in accordance with section 215(c) of the circular. How will OCSE determine if Tribal IV-D program funds are appropriately expended? Title 45 was last amended 6/26/2023. This content is from the eCFR and may include recent changes applied to the CFR. (ii) Denying paternity, and setting forth facts establishing a reasonable possibility of the nonexistence of sexual contact between the parties. Choosing an item from (3) If the Tribe or Tribal organization requests funding for indirect costs, estimated indirect costs may be submitted either by: (i) Including documentation of the dollar amount of indirect costs allocable to the IV-D program; or. I agree to cooperate with the Bureau of Child Support Enforcement, and any cooperating agencies or contractors, and authorize them to use all legal means necessary to provide requested services. The Secretary will notify the Tribe or Tribal organization of the date and time of the conference call or meeting. (b) In the absence of written laws and regulations, a Tribe or Tribal organization may provide in its plan detailed descriptions of any Tribal custom or common law with the force and effect of law which enables the Tribe or Tribal organization to satisfy the requirements in paragraph (a) of this section. Notice of proposed rule making implementing certain provisions of Part B of Pub. (ii) Submission of its current indirect cost rate negotiated with the Department of Interior and the amount of estimated indirect costs using that rate. invidious.namazso.eu uses Ionicons, Nginx, Pure CSS web . The initial application must include a comprehensive statement identifying how the Tribe or Tribal organization is meeting the requirements of subpart C of this part and that describes the capacity of the Tribe or Tribal organization to operate a IV-D program which meets the objectives of title IV-D of the Act, including establishment of paternity, establishment, modification, and enforcement of support orders, and location of noncustodial parents. (b) Evidence that all Federal funds and amounts collected by the Tribal IV-D agency are protected against loss. A Tribe or Tribal organization must obligate its Federal title IV-D grant funds no later than the last day of the funding period for which they were awarded. This contact form is only for website help or website suggestions. ( a) General Rule: The Tribal IV-D agency must, in a timely manner: ( 1) Apply collections first to satisfy current support obligations, except as provided in . formatting. If a Tribe or Tribal organization disputes a decision to disallow Tribal IV-D program expenditures, the grant appeals procedures outlined in 45 CFR part 16 are applicable. (2) A cost is allocable if the goods or services involved are assignable to the grant according to the relative benefit received. What is a Tribal IV-D program application? I am pleased to announce that the updated Child Support Resource Guide for State IV-D Directors is now available.
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