Tribes and Tribal organizations receiving Federal funding under this part are required to submit the following financial forms, and such other forms as the Secretary may designate, to OCSE: (1) Standard Form (SF) 424, Application for Federal Assistance, to be submitted with the initial grant application for funding under 309.65(a) and (b) (60 days prior to the start of the funding period); (2) SF 424A, Budget InformationNon-Construction Programs, to be submitted annually, no later than August 1 (60 days prior to the start of the funding period) in accordance with 309.15(a)(2) of this part. (2) Initial grant. (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 specify in its Tribal IV-D plan procedures for the distribution of child support collections in each Tribal IV-D case, in accordance with this section. 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. (a) A Tribe or Tribal organization must include in its Tribal IV-D plan the procedures for the establishment of paternity included in this section. IM-14-01 DATE: March 13, 2014 TO: State and Tribal Agencies Administering Child Support Enforcement Plans under Title IV-D of the Social Security Act and Other Interested Parties SUBJECT: Medicaid Referrals to the IV-D Agency (h) Grant administration requirements. (b) The Tribe or Tribal organization is responsible and accountable for the operation of the Tribal IV-D program. (g) If the employer fails to withhold income in accordance with the provision of the income withholding order, the employer will be liable for the accumulated amount the employer should have withheld from the noncustodial parent's income. (n) The Tribal IV-D agency is responsible for receiving and processing income withholding orders from States, Tribes, and other entities, and ensuring orders are properly and promptly served on employers within the Tribe's jurisdiction. (f) The Tribal IV-D agency will promptly terminate income withholding in cases where there is no longer a current order for support and all arrearages have been satisfied. (c) Liquidation period. This subpart defines the Tribal IV-D plan provisions that are required to demonstrate that a Tribe or Tribal organization has the capacity to operate a child support enforcement program meeting the objectives of title IV-D of the Act and these regulations, including establishment of paternity, establishment, modification, and enforcement of support orders, and location of noncustodial parents. (14) Tribally-determined performance targets for paternity establishment, support order establishment, amount of current support to be collected, amount of past due support to be collected, and any other performance measures a Tribe or Tribal organization may want to submit. (b) Tribes and Tribal organizations must submit the following information and statistics for Tribal IV-D program activity and caseload for each annual funding period: (1) Total number of cases and, of the total number of cases, the number that are State or Tribal TANF cases and the number that are non-TANF cases; (2) Total number of out-of-wedlock births in the previous year and total number of paternities established or acknowledged; (3) Total number of cases and the total number of cases with a support order; (4) Total amount of current support due and collected; (5) Total amount of past-due support owed and total collected; (6) A narrative report on activities, accomplishments, and progress of the program, including success in reaching the performance targets established by the Tribe or Tribal organization; (8) Total amount of fees and costs recovered; and. 30, 2004, as amended at 85 FR 35208, June 9, 2020]. The Child Support Enforcement (CSE or IV-D) Program is a joint Federal & State effort to help families establish paternity (when necessary), obtain orders for payment of child support, and secure compliance with child support court orders. (j) The portion of salaries and expenses of a Tribe's chief executive and staff that is directly attributable to managing and operating a Tribal IV-D program. If you work for a Federal agency, use this drafting (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. Tribes and Tribal organizations eligible for grants of $1 million or more per 12-month funding period will receive four equal quarterly awards. (f) The effective date of a plan or plan amendment may not be earlier than the first day of the fiscal quarter in which an approvable plan or plan amendment is submitted. (2) SF 424A, Budget InformationNon-Construction Programs, including the following information: (i) A quarter-by-quarter estimate of expenditures for the funding period; and, (ii) Notification of whether the Tribe or Tribal organization is requesting funds for indirect costs and if so, an election of a method under paragraph (a)(3) of this section to calculate estimated indirect costs; and. (3) No application fee may be charged to an individual receiving services under titles IV-A, IV-E foster care maintenance assistance, or XIX (Medicaid) of the Act. Section 9141, effective December 22, 1987, amended section 457 (c) of the Act to require State child support enforcement (IV-D) agencies to provide appropriate notice and to continue to provide IV-D services to persons no longer eligible for Aid to Families with Dependent Children (AFDC) under title IV-A of the Act. At such time that the payment is claimed by its owner . (iii) The amount of indirect costs must be included within the limit of $500,000 specified in paragraph (c) of this section. Office of Child Support Enforcement, An Office of the Administration for Children & Families, Child Support Resource Guide for State IV-D Directors - Revised, U.S. Department of Health & Human Services, Administration for Native Americans (ANA), Administration on Children, Youth, and Families (ACYF), Office of Family Violence and Prevention Services (OFVPS), Office of Human Services Emergency Preparedness and Response (OHSEPR), Office of Legislative Affairs and Budget (OLAB), Office of Planning, Research & Evaluation (OPRE), Public Assistance Reporting Information System (PARIS), Sign Up for, Pay, or Change Your Child Support, Child Support Resource Guide for State IV-D Directors -2nd Edition, July 2021, Child Support Resource Guide for State Directors - 2nd Edition, July 2021.pdf, Federal and state organizational information, Program requirements, including federal regulations, Federal reporting and state plan requirements, Child support automated systems information, Intergovernmental and international child support information. Customer service hours: Monday - Friday, 7:00 am to 5:00 pm. (iii) Has provided all required information requested by the Secretary. (m) Training on a short-term basis that is directly related to operating a Tribal IV-D program. (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. A Tribe or Tribal organization must include in its Tribal IV-D plan copies of Tribal laws providing for income withholding in accordance with this section. L. 98502, as amended) and 45 CFR part 75, subpart F. (e) If the Tribe or Tribal organization intends to charge an application fee or recover costs in excess of the fee, the Tribal IV-D plan must provide that: (1) The application fee must be uniformly applied by the Tribe or Tribal organization and must be: (i) A flat amount not to exceed $25.00; or. If you have questions for the Agency that issued the current document please contact the agency directly. guide. Such documentation must state: (i) That the Tribe or Tribal organization otherwise complies with the requirements established in subpart C of these regulations; (ii) That the Tribe or Tribal organization has the administrative capacity to support operation of a child support program under the requirements of this part; (iii) That the Tribal IV-D program will be cost effective; and. (c) If the application, plan or plan amendment is incomplete and fails to provide enough information to make a determination to approve or disapprove, the Secretary will request the necessary information. 1673(b)), but may be set at a lower amount. What recourse does a Tribe or Tribal organization have to dispute a determination to disallow Tribal IV-D program expenditures? Assistant Secretary means the Assistant Secretary for Children and Families, Department of Health and Human Services. No revisions or adjustments of the financial reports submitted for any quarter of the fiscal year will be accepted by OCSE later than December 31, which is 3 months after the end of the fiscal year. As a The application must include a proposed budget and a description of the nature and scope of the Tribal IV-D program and must give assurance that the program will be administered in conformity with applicable requirements of title IV-D of the Act, regulations contained in this part, and other official issuances of the Department that specifically state applicability to Tribal IV-D programs. The request must include a detailed explanation of the extenuating circumstances or other reasons for the request and must state the date by which the Tribe anticipates all obligated funds will be liquidated. 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 each state there are agencies, known as "Title IV-D" agencies, which are required by federal law to provide child support enforcement services to anyone who requests such services (For more information, see U.S. Department of Health and Human Services, Office of Child Support Enforcement and U.S. Department of Health and Human Service's Offic. Automated phone service is available 24 hours, 7 days/week. (g) Disapproval of start-up funding, a request for waiver of the 100-child rule, and a request for waiver of the non-Federal Tribal share is not subject to administrative appeal. A Tribe or Tribal organization must liquidate the Federal title IV-D grant funds obligated during the obligation period specified in paragraph (b) of this section no later than the last day of the 12-month period immediately following the obligation period. The fees charged for services on IV-D cases shall be considered IV-D program income to the CSEA through the administrative fund. (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. In its request for a temporary waiver, the Tribe or Tribal organization must be able to demonstrate that it: (i) Lacks sufficient resources to provide the required non-Federal share of costs; (ii) Has made reasonable, but unsuccessful, efforts to obtain non-Federal share contributions; and. Acting Commissioner If you have questions or comments regarding a published document please (iv) The number of children under the jurisdiction of the Tribe or Tribal organization. Title IV-D - Child Support and Establishment of Paternity Overview Title IV-D of the Social Security Act (Title IV-D) establishes a state-federal partnership to provide child support services. IV-D (pronounced "four-D") Child Support Courts decide on matters and render judgments relating to cases filed by the Texas Attorney General that establish and enforce child support orders on behalf of the State of Texas. Federal funding of Tribal IV-D programs is based on information contained in the Tribal IV-D application. Your K-TAP caseworker will refer your case to the appropriate child support office. (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. The initial application for funding under 309.65(a) may be submitted at any time. IVD cases are opened for all public assistance cases involving children not living with one or both parents. (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. The Child Support Enforcement (CSE) program, Part D of Title IV of the Social Security Act, was enacted on January 4, 1975 (P.L. (2) If the change in Tribal IV-D budget estimate results from a change in the Tribal IV-D plan, the Tribe or Tribal organization must submit a plan amendment in accordance with 309.35(e) of this part, a revised SF 424 and a revised SF 424A with its request for additional funding. What is a Tribal IV-D program application? What records must a Tribe or Tribal organization agree to maintain in a Tribal IV-D plan? (k) The portion of salaries and expenses of tribunals and staff that is directly related to required Tribal IV-D program activities. Federal title IV-D grant funds will be awarded to Tribes and Tribal organizations for use during a 12-month period equivalent to the Federal fiscal year of October 1 through September 30. The term IVD comes from the Title IV Section D of the Social Security Act, which established the Child Support Enforcement program in 1975. 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. This web site is designed for the current versions of 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. Who is eligible to apply for and receive Federal funding to operate a Tribal IV-D program? Income means any periodic form of payment due to an individual regardless of source, except that a Tribe may expressly decide to exclude per capita, trust, or Individual Indian Money (IIM) payments. In 1975, Congress amended the Social Security Act to add Title IV-D. If you have comments or suggestions on how to improve the www.ecfr.gov website or have questions about using www.ecfr.gov, please choose the 'Website Feedback' button below. Federal funds are available for costs of developing a Tribal IV-D program, provided that such costs are reasonable, necessary, and allocable to the program. 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.

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