Presented by Marsha Harlan, Esq, Kara Whitworth, Director of Cherokee Nation Child Support Services TRIBAL IV-D 101- FOR STATES

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1 Presented by Marsha Harlan, Esq, Kara Whitworth, Director of Cherokee Nation Child Support Services TRIBAL IV-D 101- FOR STATES

2 HISTORY OF TRIBAL PROGRAMS Prior to PRWORA- authority to operate IV-D programs was vested solely with states 1996-Personal Work& Responsibility Act- Allowed for Direct funding to tribes/tribal organizations

3 HISTORY OF TRIBAL IV-D PROGRAMS Indian Defined- means a person who is a member of an Indian Tribe Indian tribe and Tribe defined- means any Indian or Alaska Native Tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian Tribe and includes in the list of Federally-recognized Indian Tribal governments as published in the Federal Register pursuant to 25 U.S.C. 479 a-1.

4 HISTORY OF TRIBAL CHILD SUPPORT Final Rule promulgated to implement section 455(f) of Social Security Act ( 69 FR 16638) All Federally recognized Indian Tribes or tribal organizations authorized by 1/more federally recognized tribes Applicants must have at least 100 children under age of majority w/in their jurisdiction

5 HISTORY OF TRIBAL CHILD SUPPORT First tribal IV-D program- Chickasaw Nation(1996- prior to final rule) Currently have 52 IV-D comprehensive Tribal programs 10 start up IV-D Tribal programs State with the most Tribal programs are: Oklahoma, Wisconsin, Washington

6 HISTORY OF TRIBAL CHILD SUPPORT Tribes receive direct funding to: 1- Ensure tribes can develop and establish child support programs that incorporate the unique cultural values of their citizens as form of selfgovernance ; 2- Create an avenue to establish child support orders in Indian Country -states lack jurisdiction on tribal land base ; 3- provide an avenue for state orders to be enforced via registering in tribal courts system.

7 TRIBAL SOVEREIGNTY Today there are 565+ federally recognized Indian tribes in the U.S. Each with their own unique identity, culture, customs and traditions, as well as their own distinct form of government. Culture- Tribal people share values, attitudes and ways- a unique way of life- that others do not share. Tribal people share most fundamental aspects of life- race, religion, language, traditions, historical experience and values.

8 TRIBAL SOVEREIGNTY Essentially sovereignty means to govern one s own people Tribes continue to hold all attributes of sovereignty we originally held, except for that which has been taken from US government Federal Law defines a federally recognized tribe as those who have been recognized by the federal government who have substantially continuous tribal existence and which have functioned as autonomous entities throughout history until the present. 25 C.F.R. Par 83.3.

9 TRIBAL SOVEREIGNTY Political Aspects- Tribal people are distinguished as a political entity with a right to self-governance. A political entity is a group of people living within a specific territory under a defined government that exercises some level of sovereignty. Trust relationship between Tribes and Federal government

10 TRIBAL SOVEREIGNTY Federal- Tribal Relationships characterized by: Sovereignty limited to Federal government interpretation( Johnson v. McIntosh, 1823) Domestic dependent nations (Cherokee Nation v. Georgia, 1831) Trust relationship between Federal Government and Indian Tribes ( Worcester v. Georgia, 1832)

11 FEDERAL REGULATIONS States are required to cooperate with Tribal IV-D programs pursuant to 45 C.F.R (a)(2). Tribes are required to cooperate with States pursuant to 45 C.F.R (a). Uniform Interstate Family Support Act- 42 U.S.C. 666(f). Required by states- but not tribes Full Faith & Credit for Child Support Orders Act- 28 U.S.C. 1738B(b)- applies to both tribes and states

12 TRIBAL V STATE JURISDICTION Exclusive Tribal jurisdiction- Tribes have exclusive jurisdiction over civil matters in Indian country against tribal members Concurrent jurisdiction- Matters involving Indians against non-indians Exception- P.L. 280 states- states have concurrent jurisdiction of civil matters in Indian country

13 45 CFR 309- TRIBAL CHILD SUPPORT Tribes are required to perform the same basic services as states- locate, establish paternity, establish orders, and modify orders Some key differences: Tribes do not have access to FPLS, may request this service from the state Tribes must locate, but no specific time frames as to when this must be completed

14 45 CFR 309 TRIBAL CHILD SUPPORT- KEY DIFFERENCES CONT D Must recognize any state Voluntary Paternity acknowledgements but may not choose to use this form for tribal enrollment purposes; process for voluntary acknowledgements is less prescribed than that of the states Required to establish child support, time- frames are dependent upon the plan; often tribes place emphasis on parties reaching agreements Tribes not required to address health care in orders, but tribes may opt to do so Tribal current support- can include a provision for non-cash support- cannot be used for arrears Tribes have no legal authority to submit cases for tax offset but may request this from states Only mandated enforcement remedy is income withholding. Tribal agency becomes responsible for receiving and processing IWO s from states and other tribes for all employers within the tribes jurisdiction.

15 THERE ARE DIFFERENCES AMONG TRIBAL PROGRAMS Each tribe has ability to develop own distinct plan for child support within their jurisdictional boundaries. Each tribe has ability to codify their own statutes to enforce child support Each tribe may have unique court set up that deals with child support matters IRG may be useful tool for determining the tribal agencies and their contact information.

16 Thank you for your attention. Any questions? Comments?