Tribal 101 Tribal Child Support for States Jerry

Tribal 101: Tribal Child Support for States Jerry L. Sweet Lisa Schwartz ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina

E R I C S A History of Tribal Child Support v. Tribal Child Support was authorized with the passage of PRWORA in 1996 v. Interim Final Rule for Tribal Child Support Program was published on August 21, 2000 v. Under the Interim Final Rule, nine tribes applied for and received direct funding. ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina

E R I C S A History of Tribal Child Support Cont… v. Final Rule was published on March 30, 2004 v. Federal regulation requirements for tribal programs are not identical to the regulation requirements of state programs. v. Tribes that receive direct Federal funding are IV-D programs on equal footing with all other IV-D programs. ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina

E R I C S A History of Tribal Child Support Cont… v. There are currently 47 comprehensive tribes and 13 in the “start-up” phase nationally. Comprehensive = full federal authorization to operate that meets requirements Start-up = development, planning phase usually 2 years prior to comprehensive ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina

E R I C S A Tribal Sovereignty v. Essentially sovereignty means to govern one’s own people v. Today there are 566 federally recognized tribes in the U. S. v. Each with their own unique identity, culture, customs and traditions, as well as their own distinct form of government. v. Unique relationship between the tribes and federal government ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina

E R I C S A Jurisdictional Issues v. Are there any? v Tribal jurisdiction is defined by the individual tribe per the federal regulation. Each will be different. ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina

E R I C S A Comparison of State and Tribal Federal Regulations v DO TRIBES HAVE TO DEVELOP PROGRAMS JUST LIKE THEIR STATE? Tribal regulations are located at 45 CFR Part 309 Tribal regulations differ from State regulations. Tribes have 14 requirements. Medical Support is not a requirement for tribes. Tribes have no obligation to create or mimic their State child support program. § Often Tribes will utilize the same guidelines as their respective State for continuity of service and to avoid forum shopping. ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina

E R I C S A Intergovernmental Requirments v. States are required to cooperate with Tribal IV-D programs pursuant to 45 C. F. R. § 302. 36 (a)(2) v. Tribes are required to cooperate with States pursuant to 45 C. F. R. § 309. 120(a) v. States are required to comply with UIFSA v. Tribes and States are required to comply with FFCCSOA ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina

E R I C S A Model Tribal System (MTS) v. A case management system designed by tribes for tribes with assistance and support from OCSE. v. Modoc and FCPC tribes piloted the system. Modoc joined EBCI. The two pilots have become consortia leads v. By December 31 st, 2013, EBCI tested and signed off the system as fully operational. ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina

E R I C S A MTS Continued v. EBCI is partnering with North Carolina to interface, utilizing CSENET and QUICK v. Currently looking at future enhancements v. Tribes have a choice on which system they use i. e. MTS, State, manual utilizing Access and Excel ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina

E R I C S A Indian Health Services v. Federal government has a treaty obligation to provide health insurance to tribal members The need is not fully funded Many tribes also contribute to health of it’s membership v. IHS is considered medical support for States ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina

E R I C S A Questions Thank You Jerry Sweet, jsweet@otcse. com Lisa Schwartz, lschwart@oneidanation. org ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina