Tribal 101 Empowering Tribes and States to Work

Tribal 101: Empowering Tribes and States to Work Together 1

History of Tribal IV-D • 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. • 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. • There are currently 41 comprehensive tribes and 6 in the “start-up” phase. 2

45 CFR 309. 65 Tribal Regulations • Tribal Programs Must: – 1. Identify the jurisdiction of the Tribe for child support purposes – 2. Procedures for accepting all applications and providing services required by law – 3. Protect the due process rights of individuals (in the legal process and for Program clients) – 4. Administrative and Management procedures – 5. Safeguarding and Confidentiality procedures – 6. Maintain records 3

45 CFR 309. 65 Tribal Regulations Cont… • • 7. Provide copies of required law 8. Locate parents and their assets 9. Establish paternity 10. Establishment and modification of child support orders 11. Income withholding (employer education) and other enforcement techniques 12. Collection and Distribution of support 13. Intergovernmental case processing 14. Tribal performance targets

Sovereignty • Sovereignty – Supremacy of authority or rule as exercised by a sovereign or sovereign state. – Royal rank, authority, or power. – Complete independence and self-government. – A territory existing as an independent state. • Treaty – A contract in writing between two or more political authorities (as states or sovereigns) formally signed by representatives duly authorized and usually ratified by the lawmaking authority of the state

• Jurisdiction – (law) The right and power to interpret and apply the law; "courts having jurisdiction in this district" [syn: legal power] – In law; the territory within which power can be exercised • Self-Governance: – Provides Tribal governments with more control and decision-making authority over the Federal financial resources provided for the benefit of Indian people. – Affirms a “government-to-government” relationship. – Not something “given” to us --- it is our assertion of selfrule and exercise of sovereignty.

Sovereignty and Child Support • Operation of our program is an expression of sovereignty. • WE establish our values. • WE determine our needs. • WE make our laws. • WE utilize our tribal court systems. • WE determine jurisdiction. • WE take care of our children.

Cherokee Nation • • • Location – Cherokee Nation is located in the Cherokee County Seat of Tahlequah, Oklahoma, in Northeast Oklahoma. The Cherokee Nation Tribal Jurisdiction Service Area (TJSA) covers the 14 Northeast Counties of Oklahoma. Those being Cherokee, Muskogee, Wagoner, Adair, Sequoyah, Rogers, Delaware, Mayes, Washington, Nowata, Craig, Mc. Intosh, Northern Tulsa, and (Southern) Ottawa counties. There are 9 Cherokee Tribal Districts within these counties. People (membership) – 310, 064 Cherokee Tribal Members reported as of May 07, 2011; 117, 375 reside in our 14 counties/9 Cherokee Tribal Districts Governance – The Cherokee Nation is governed by an elected officials of the Principal Chief, Deputy Chief, 15 District Council Members who represent Cherokee Tribal Members who reside with the 14 county TJSA/9 Cherokee Tribal Districts; and two at-large Council Members who represent Cherokee Tribal Members who reside outside of the Cherokee Nation boundaries. The Cherokee exercises its sovereignty via a 3 -branch system of government: Executive, Legislative and Judicial. Other entities include the Constitution Convention, Election Commission, Gaming Commission, Tax Commission and the Environmental Protection Commission. The Cherokee Nation also enlists protection to its territories and peoples from the Cherokee Nation Marshal Services.

Cherokee Nation Continued • Economy - The Cherokee Nation employs 8000 employees across Oklahoma to include its TJSA. Cherokee Nation employees Tribal Members via the Cherokee Nation, Cherokee Nation Businesses, Cherokee Nation Industries, Cherokee Nation Enterprises, Cherokee Nation CRC, Cherokee Nation Gift Shop. The Cherokee Nation is host to eight health clinics and one full-service hospital; in addition Cherokee Nation Health Services includes specialty departments of medicine. The Cherokee Nation is also host to a variety of services to include but not limited to: Human Services, Career Services, Community Services, Housing Services, Commerce Services, Education Services, Leadership Services, Tax Commission, Tribal Citizenship and Natural Resources. The Cherokee Nation is comprised of areas from small rural communities to larger populated towns and a portion of one urban setting. The 2000 Census reported that the median income for a household in the city was $23, 238, and the median income for a family was $34, 811. The Cherokee Nation is not a Per Capita Payment Tribe.

Oneida Nation of Wisconsin • Location - Oneida’s reservation is located in Oneida, Wisconsin with part of the reservation lying in the western part of the city of Green Bay. • People (membership) - The tribe consists of 16, 000 enrolled members living nationwide. More than 3, 000 live in one of the two counties that the reservation lies within. • Governance – Governed by a nine member elected Business Committee with 4 officer positions and 5 council member positions. • Economy - We are a gaming tribe with a successful casino as well as other revenue generating businesses such as convenience stores and tobacco shops. – Per Capita Income: Members receive a small per-capita which is given out one time yearly to all enrolled members. Minor payments are put into a trust until they reach eighteen and graduate from high school. Oneida’s per-capita law dictates the garnishment of these monies for only two purposes. One is for child support arrears and the other is if the member owes the tribe money. Child support supersedes tribal debt.

Osage Nation of Oklahoma • Location – Osage Nation’s reservation is located in the northern portion of Oklahoma; coterminous with Osage County. • People (membership) – The Nation consist of 14, 500 members living nationwide. More than 3, 400 members live within the Nations boundaries. • Governance – Consists of three branches, Executive, Legislative and Judicial. The supreme executive power of the Osage Nation is vested in the Principal Chief. • Economy – Osage Nation is primarily a gaming revenue tribe that has seven (7) success casinos as well as other revenue generating businesses such as convenience stores, tobacco shops, and internal tax commission. Osage Nation does not issue a per cap. Dollars generated by the Nation are generally put back in the community through assistance programs.

Working Together • Tribal nations are not required to adopt UIFSA. • Tribal nations are required to comply with FFCSOA • Inter-jurisdictional cases • Registering a judgment with a tribal court • Income of tribal members

Enforcing Orders on Tribal Reservations • Each tribal nation can have different requirements to register a order in their court. • It’s most helpful to give the agency a telephone call and inquire as to what they require for registration of a foreign order or assistance with an inter-jurisdictional case. – Many tribal agencies do use Transmittal #1 and subsequent documents. • It’s also important to note that there are only 41 comprehensive tribes operating child support while there are over 550 federally recognized tribes. • Even those without federal funding may have a law in place regarding family matters including child support.

Referral vs. Transfer REFERRAL • Custodial Party has assigned all of his/her rights and those of the child(ren) support to the state. • Party required to cooperate with the IV-D child support agency. • State and Tribe may have shared interest and work cooperatively in managing said case. • Federal regulation requires a State extend full range of services under its plan to all Tribal IV-D programs. • Tribal IV-D programs must accept the referral, open a case, and extend full range of the tribal program services and plan to respond to all request from, and cooperate with, State and other Tribal IV-D agencies and must recognize child support orders of other Tribes/States under FFCCSOA at 28 U. S. C. 1728 B.

Referral Continued… • If a case is referred to a tribal IV-D program by a state IVprogram, the State can continue to take enforcement actions available to the State IV-D program agency. The Tribal IV-D program cannot close the case and must continue to take action upon referral, unless the State IV-D program specifically request closure. Closure by the Tribal program is a failure of the program to cooperate and provide child support enforcement services by denying the applicant all services available under Federal, State and Tribal law. State and tribal programs should notify each other to prevent duplication of efforts.

Referral vs. Transfer TRANSFER • As to a case (non-legal) transfer, a State IV-D program (or other Tribal IV-D program) may have a current case, but the appropriate party may want to receive the services from a Tribal IV-D program. The party will request the case be transferred (non-legal). If there are no assigned arrearages to the State, upon completion of the transfer process, the case is an outright transfer to the Tribal IV-D program. If there is an assigned arrearage to the State and a private arrearage/balance, then upon completion of the transfer process, the case is a transfer as to any private arrearages and a referral as to any State arrearages. If upon application of the party, it is determined that all arrearages are state owed, then the case is a referral and not a transfer.

Transfer Continued… • In a full transfer (no state owed arrearages), the applicant can request that the State IV-D program can close the State case if the case meets the regulations for case closure. If the state does not meet the requirements for case closure, the State must continue to provide any possible IV-D services available under Federal law and regulation. Likewise, if a tribal IV-D agency accepts a transfer of case form a State IV-D program, and then determines under tribal code that the Tribal program does not have jurisdiction, the case cannot be returned to the state. The Tribal program should be able to continue to provide basic assistance on the case which includes location, preparation of documents for intergovernmental processing, case monitoring, and distribution of collections forwarded from another jurisdiction, etc.

Transfer Continued… • Cherokee Nation Office of Child Support Enforcement utilizes an Application/Affidavit of Transfer to complete the process of transfer. Upon completion of the appropriate documentation by a proper party, CNOCSE has an internal process for requesting non-legal transfer from the State of Oklahoma. • The process for transfer between CNOCSE and the State of Oklahoma requires the proper party request closure of the state case by checking a box on the Application/Affidavit of Transfer. A copy of the application is then forwarded to the state program for closure. This process has historically been followed by the State of Oklahoma and Tribes in cases of no state-assigned arrears and in cases where a party is a current recipient of other State IV-D program services (TANF).

Working Together - Summary • Communication is Key • Check with the tribal court or tribal child support agency when • 1. seeking assistance with an inter-jurisdictional case • 2. registering an order • 3. inquiry into per capita income and garnishment of said income • Link to tribal child support agencies under federal funding: https: //ocse. acf. hhs. gov/int/directories/index. cfm? f useaction=main. tribalivd

Questions? Thank You Detra Kingfisher, Cherokee Nation detra-kingfisher@cherokee. org Lisa Schwartz, Oneida Nation lschwart@oneidanation. org Greg Kidder, Osage Nation gkidder@osagetribe. org