State and Tribal IV-D Programs: A Comparison of Federal Requirements

1. State and Tribal IV-D Programs:A Comparison of Federal Requirements

2. Legislative History • 1975 – Enactment of Title IV-D • 1984 – Child Support Amendments • 1988 - Family Support Act

3. Legislative History • 1993 – Omnibus Budget Reconciliation Act • 1996 - Personal Responsibility and Work Opportunity Reconciliation Act • Interim Rule - 45 CFR 310 • Final Rule – 45 CFR 309 • 2006 – Deficit Reduction Act of 2005

4. Federal IV-D Regulations for States: 45 CFR 302- State Plan Requirements 45 CFR 303-Standards for Program Operations States have many written requirements: • Required actions for locate, establishment and enforcement, modification of orders, paternity establishment. • Specific timeframes for taking actions • System for Case Closure

5. Federal IV-D Regulations for Tribes: 45 CFR 309- Tribal Child Support Enforcement Programs • Tribes are required to perform the same basic services as States • Regulation is less prescriptive in describing how and when tribes must provide those services.

6. STATES 45 CFR 302.35 and 45 CFR 303.3 Must have a state parent locator service Must establish working relationships with all locate sources and agencies listed in the regulation TRIBES 45 CFR 309.95 Tribes don’t have access to FPLS, and may request this service from State IV-D Required to take all necessary locate actions and use all sources available LOCATE

7. STATES 75 days allowed to access all appropriate sources Repeat locate attempts when new information comes in, or at least quarterly Establish guidelines defining diligent efforts to serve process TRIBES No timeframe requirements LOCATE

8. STATES 45 CFR 302.31 45 CFR 303.5 Process for Voluntary Paternity Acknowledgements (VAPs) has many specifics Must give full faith and credit to VAP of another state TRIBES 45 CFR 309.100 Must have procedures for voluntary acknowledgement of paternity; process is not prescribed Must recognize VAP established by states But may choose not  to use VAP for Tribal enrollment purposes PATERNITY ESTABLISHMENT

9. STATES Default orders are considered valid, if tribunal had jurisdiction Establish by written administrative or judicial process TRIBES Establishment of paternity is separate from Tribal enrollment or membership Can include processes to establish paternity under Tribal code or custom PATERNITY ESTABLISHMENT

10. PATERNITY ESTABLISHMENT STATES and TRIBES • Must have Procedures for requiring genetic tests in contested paternities • Don’t establish in cases of incest, rape, legal adoption proceedings, or not in best interest of child

11. STATES 45 CFR 303.4 and 45 CFR 303.8 Timeframes for establishing support order after locate of NCP or after establishing paternity and for serving order on NCP TRIBES 45 CFR 309.105 Required to establish child support but with no specified timeframes Often an emphasis on parties reaching agreement ESTABLISHMENT and MODIFICATION OF SUPPORT ORDERS

12. STATES Order must provide for child’s health care needs TRIBES Not required to address health care in order, but may opt to do so. ESTABLISHMENT and MODIFICATION

13. Non-cash Payments Tribes • Order must: • Indicate whether non-cash support will be accepted • Describe the type of non-cash support that will be permitted • Assign a cash equivalent to those types of payments • May not be used to satisfy assigned arrears

14. STATES Procedures to review all orders at least every three years upon the request of either party, or the State agency in assigned cases TRIBES Plan must address modification of child support orders ESTABLISHMENT and MODIFICATION

15. ESTABLISHMENT and MODIFICATION STATES and TRIBES • Child Support Guidelines must: • Constitute a rebuttable presumption of correct amount of support • Be reviewed and revised, if appropriate, at least every four years • Be based on specific numeric and descriptive criteria • Allow for deviation with written findings in the record explaining reason

16. ESTABLISHMENT and MODIFICATION STATES and TRIBES • Can use an Administrative or Judicial forum • Must use local or Tribal laws and procedures

17. STATES 45 CFR 303.6 Requirements for immediate wage withholding with few exceptions TRIBES 45 CFR 309.110 Required to have procedures for income withholding in all cases when NCP is in arrears of at least one month’s support ENFORCEMENT

18. STATES Must submit all qualifying cases for tax offset each year. TRIBES Have no legal authority to submit cases for tax offset, but may request the State to do so on a case-by-case basis ENFORCEMENT

19. STATES Must take any other appropriate enforcement action within specified time periods TRIBES Only mandated enforcement remedy is income withholding Agency is responsible for receiving and processing IWO’s from States and other Tribes for all employers within the Tribe’s jurisdiction 45 CFR 309.110(n) ENFORCEMENT

20. ENFORCEMENT STATES and TRIBES • Any amount withheld must include payment towards any accrued arrears • Total payment cannot exceed the maximum permitted under the Consumer Credit Protection Act • Must use the Federal Order/Notice to Withhold Income to Employers

21. STATES 45 CFR 303.31 Are required to establish and enforce medical support orders TRIBES Tribes are not required to address medical support, but have the option to do so MEDICAL SUPPORT

22. STATES 45 CFR 302.32, 302.51, and 302.52 Specific timeframes for distribution of payments under sections 454B of the Social Security Act and other parts of the IV-D regulation TRIBES 45 CFR 309.115 Payments must be distributed in a “timely manner”, with payments going first to current support DISTRIBUTION

23. STATES Many detailed instructions on when and how to distribute payments on Non-Assistance, IV-A, Medicaid and IV-E cases TRIBES Detailed instructions on applying payments in Tribal TANF or former Tribal TANF cases; Medicaid and IV-E cases are not addressed DISTRIBUTION

24. DISTRIBUTION TRIBES For Responding Intergovernmental cases, Tribes are advised to send payments to the State or other Tribe, or to contact the Initiating Jurisdiction for instructions on distributing the payment.

25. STATES 45 CFR 303.7 Must comply with both Uniform Interstate Family Support Act (UIFSA) and Full Faith and Credit for Child Support Orders Act (FFCCSOA) TRIBES 45 CFR 309.120 Tribes were not included in the UIFSA law, and are not required to comply with provisions of UIFSA. (However, a Tribe may choose to do so) INTERGOVERNMENTAL PROCEDURES

26. STATES Many timeframes for various actions that must be taken on interstate cases Must have an interstate central registry TRIBES Required to recognize child support orders issued by another jurisdiction in accordance with FFCCSOA No timeframes specified Must extend the full range of IV-D services available under it’s plan to all other Tribes or States INTERGOVERNMENTAL PROCEDURES

27. States 45 CFR 303.11 Must have a system for case closure Case must meet at least one of the listed criteria Tribes Case closure is not addressed in the regulation CASE CLOSURE

28. STATES 45 CFR 304 Receive 66% funding under the federal grant for most activities TRIBES 45 CFR 309.130 Receive 90% federal funding for first three years of operation, and 80% funding each subsequent year FEDERAL FUNDING

29. STATES Must provide 34% of the budget through State funds TRIBES Non-federal share (10% or 20%) can be matched by the Tribe in part or totally through in-kind contributions, such as the Tribe providing office space and utility costs to the IV-D program FEDERAL FUNDING

30. STATES Have ability to earn additional performance incentives, or have monetary sanctions or fines imposed for being out of compliance with federal requirements TRIBES No ability to earn performance incentive money, and no sanctions imposed Start-up period of up $500,000 for up to two years is totally federally funded FEDERAL FUNDING

31. STATES 45 CFR 305 States are regularly measured on performance in areas such as cases with orders, paternity establishment, cases with collections, etc. and also data reliability Performance goals are set by federal government; also some states have separate goals Performance is tied to monetary incentives or penalties TRIBES 45 CFR 309.65 Must include performance targets in their plan each year Each tribe determines its own targets for paternity establishment, support order establishment, amount of current support collected, amount of arrears collected, and other targets that the Tribe wants to submit. PERFORMANCE GOALS

32. STATES 45 CFR 302.85, 45 CFR 307 Must have an automated system that is certified by the federal government The federal government provided up to 90% funding for building these systems in each state TRIBES 45 CFR 309.145 Tribes are not required to have an automated system At this time there is no federal funding available to Tribes Some Tribes use the State system in their state, through service agreements AUTOMATED SYSTEM

33. STATES The system must perform many functions related to locate, payment records, case record maintenance, etc. TRIBES Federal funding is available for planning to build automated systems, and operation and maintenance of existing Tribal automateddata systems AUTOMATED SYSTEM

34. REQUIREMENTS FOR BOTH STATES AND TRIBES States and Tribes must have procedures and evidence for: • Bonding of employees • Safeguarding of information • Due process rights • Acceptance of all applications and promptly providing services • Maintaining of records

35. OCSE Policy Documents Available atwww.acf.hhs.gov/programs/cse/poldoc.htm

36. Questions? Contact: Region 10 Seattle Jan Jensen, Program Specialist Ph. 206-615-3668 Janis.jensen@acf.hhs.gov Levi Fisher Ph. 206-615-2519 Levi.fisher@acf.hhs.gov