Form 1 IRG Tribal Profile Questions

Intergovernmental Reference Guide (IRG) Tribal Profile Questions
				User Guide

Office of Child Support Enforcement 330 C Street, SW Washington, DC 20201

May 12, 2021

Version 3.1

Table of Contents

1. Tribal Profile Guidance 1-2

Tribal Sovereignty 1-4

General/Program At-A-Glance 1-5

Intergovernmental Referral Process 1-5

Program Details 1-5

1. Tribal Profile Guidance

This document provides a list of questions for the Tribal Profile.

NEW PROGRAM CATEGORIES AND PROFILE QUESTIONS

TRIBAL SOVEREIGNTY

Intergovernmental Referrals Involving Indian Tribes

Congress amended Title IV-D of the Social Security Act in 1996 and 1997 to authorize direct federal funding to Indian Tribes and tribal organizations to operate child support programs (codified at 42 USC § 655.)

The Administration for Children and Families promulgated final regulations to implement direct federal IV-D funding to Tribes and tribal organizations on March 30, 2004. The regulations:

“emphasize that one of the key underlying principles of these final Tribal IV-D regulations is recognition of and respect for Tribal sovereignty and the unique government-to-government relationship between Indian Tribes and the Federal government. We have determined that the statute does not mandate that requirements imposed on Tribal IV-D programs be the same as those imposed on State IV-D programs as prerequisites for funding.”

Tribes are not required to adopt the Uniform Interstate Family Support Act (UIFSA) as states are required to do. UIFSA compels a State employer to honor a withholding order sent directly from another State or Indian Tribe.

All federally funded tribal child support programs have adopted procedures for recognition and enforcement of foreign child support orders, consistent with the Full Faith and Credit for Child Support Orders Act.

General/Program-at-a-Glance
Question Number	Question Displayed
1	What is your tribal locator code?	.
2	Is your tribal IV-D program administrative, judicial, or a combined process?
3	What is the age limit for the establishment of a paternity order?
4	What is the age of majority for the establishment of a child support order?
5	If not addressed in the order, at what age is child support terminated as a matter of policy or statute?

Intergovernmental Referral process
Question Number	Question Displayed
1	What information does your tribe require to establish a paternity order?
2	What information does your tribe require to establish a child support order?
3	What information does your tribe require to recognize a foreign order for enforcement?
4	Do you accept electronic copies?
5	Can other tribes or states send a wage withholding order directly to a tribal employer?

Program details
Question Number	Question Displayed
1	Does your tribe have a tribal Temporary Assistance for Needy Families (TANF) program?

PAPERWORK REDUCTION ACT OF 1995 (Pub. L. 104-13) STATEMENT OF PUBLIC BURDEN: Through this information collection ACF, pursuant to 42 U.S.C. § 652(a)(7), is gathering information from state and tribal child support agencies that contain descriptions of the state and tribal Child Support Enforcement (CSE) program and procedures. The purpose of the voluntary IRG information collection is to help state and tribal CSE agencies expedite processing intergovernmental child support cases. Public reporting burden for this collection of information is estimated to average .3 hours per response, including the time for reviewing instructions, gathering, maintaining the data needed, and reviewing the collection of information. The IRG does not collect confidential information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information subject to the requirements of the Paperwork Reduction Act of 1995, unless it displays a currently valid OMB control number. The OMB # is 0970-0209 and the expiration date is XX/XX/XXXX. If you have any comments on this collection of information, please contact [email protected].