Tribal Child Support Enforcement Direct Funding Requests

Forms and Documents

Document Name	Status
Form 1 Amendments Specific to the Employment and Training Services for Non-Custodial Parents in the Child Support Program Form and Instruction	Modified
Form 1 45 CFR 309 New Plan Form and Instruction	Modified
Form 1 45 CFR 309–Amended Plan Form and Instruction	Modified
Supporting Statement - Tribal Plan FINAL v3_burden.docx Supporting Statement A	2024-12-23
45 CFR PART 309.docx Supplementary Document	2020-02-14

IC Document Collections

IC ID	Document Title	Status
265089	Amendments Specific to the Employment and Training Services for Non-Custodial Parents in the Child Support Program Form and Instruction	Modified
224377	45 CFR 309 New Plan Form and Instruction	Modified
224376	45 CFR 309–Amended Plan Form and Instruction	Modified

ICR Details

OMB Control No: 0970-0218	ICR Reference No: 202412-0970-011
Status: Received in OIRA	Previous ICR Reference No: 202402-0970-010
Agency/Subagency: HHS/ACF	Agency Tracking No: OCSS
Title: Tribal Child Support Enforcement Direct Funding Requests
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 12/31/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved	04/30/2027
Responses	45	71
Time Burden (Hours)	3,859	11,103
Cost Burden (Dollars)	0	0

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Abstract: The requirement for submission of a tribal plan and plan amendments for the Child Support Services program is found in legislation at sections 455 of the Social Security Act (the Act). These sections are implemented by regulations at 45 CFR 309. Tribes are provided with instructions for completing the tribal plans and plan amendments. The Office of Child Support Services (OCSS) has approved a IV-D tribal plan for each comprehensive tribal child support program. Federal regulations require tribes to amend their plans only when a tribe or tribal organization “intends to make any substantial or material change in any aspect of the Tribal IV-D program” (45 CFR 309.35(e)). The Office of Management and Budget (OMB) previously approved the optional IV-D tribal streamlined plan forms, OMB 0970-0218. All tribes have IV-D plans in place. Some tribes use the optional streamlined plan forms to organize and update their plans. Plan amendments that tribes submit are required when there is a “substantial or material” change to the tribe’s code or policy and procedures. On average, OCSS receives 30 annual plan amendments to notify OCSS of relevant changes required. The streamlined plan for Tribal Direct Funding Request: 45 CFR 309 Plan information collection was approved by OMB for three years March 31, 2023. However, on May 31, 2024, OCSS published a Notice of Proposed Rulemaking (NPRM) (89 FR 47109; RIN 0970-AD00) proposing to allow federal financial participation (FFP) for certain optional and nonduplicative employment and training services for eligible noncustodial parents in the child support program. The proposed rule will permit tribes, at their discretion, to update their plan to use FFP to provide any or all of the following services: job search assistance; job readiness training; job development and job placement services; skills assessments; job retention services; work supports; and occupational training and other skills training directly related to employment. While the NPRM did not include tribes or tribal organizations, OCSS received multiple requests to include tribes in the rule. On December 13, 2024, OCSS published the Employment and Training Services for Noncustodial Parents in the Child Support Program final rule (89 FR 100789; RIN 0970-AD00). To incorporate changes resulting from this rule, we’re requesting approval to revise and extend this currently approved collection for three years. Attachments include OMB 0970-0218, optional tribal plan pages.

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Authorizing Statute(s): US Code: 42 USC 655(f) Name of Law: Social Security Act (Section IV-D)
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 47109	05/31/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 107143	12/31/2024
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
45 CFR 309 New Plan	1	Tribal Plan
45 CFR 309–Amended Plan	1	Tribal State Plan
Amendments Specific to the Employment and Training Services for Non-Custodial Parents in the Child Support Program	1	Tribal State Plan

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	45	71	0	-26	0	0
Annual Time Burden (Hours)	3,859	11,103	0	-7,244	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The estimate of annual burden hours has increased by 72 hours due to publication of the Employment and Training Services for Noncustodial Parents in the Child Support Program Final Rule. Since the tribes will only need to submit one plan amendment to establish this program, OCSS expects this to be a one-time increase.

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Annual Cost to Federal Government: $52,452

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 12/31/2024

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