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“How Child Support Connects to Tribal TANF- Why is It Important?”

“How Child Support Connects to Tribal TANF- Why is It Important?”. Jan Jensen Region 10 Administration for Children and Families Office of Child Support Enforcement. Background. The Personal Responsibility and Work Opportunities Reform Act (PRWORA) in 1996 authorized :

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“How Child Support Connects to Tribal TANF- Why is It Important?”

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  1. “How Child Support Connects to Tribal TANF- Why is It Important?” Jan Jensen Region 10 Administration for Children and Families Office of Child Support Enforcement

  2. Background The Personal Responsibility and Work Opportunities Reform Act (PRWORA) in 1996 authorized: • Direct funding to Tribes to administer their child support (IV-D) programs • Block grants to Tribes for Tribal Temporary Assistance to Needy Families (TANF IV-A) programs.

  3. Background - TANF • February 18, 2000: The Final Rule for Tribal TANF Programs, 45 CFR 286, was published. • Encourages flexibility, innovation and creativity in such areas as time limits, work activities, participation rates, etc. • Enables tribal programs to reach all families and provide support to working families

  4. Background – Child Support • March 30, 2004: The Final Rule for Tribal Child Support Programs, 45 CFR 309, was published. • Provides Tribes an opportunity to develop and administer their own programs • Programs reflect their own tribal laws, cultures, traditions and values.

  5. The Self-Sufficiency Equation In comparing the purposes of TANF and Child Support, it’s easy to see how the two programs share common goals. Purposes of Child Support: • Provide additional income to families to reduce dependence on government benefits • Promote parental responsibility • Establish a legal relationship between father and child

  6. The Self-Sufficiency Equation Purposes of TANF: • Provide cash assistance to needy families • Promote job preparation, work, marriage and parental responsibility. • Prevent out-of-wedlock pregnancies • Promote formation and maintenance of two-parent families

  7. The Self-Sufficiency Equation Tribes and States can work together to determine how Tribal and State TANF and Child Support programs will best be able to provide services for Tribal families.

  8. An Example of Tribal Programs Collaborating The TCSP, TTANF program, DV program and other Tribal programs work together to provide services to families who are struggling with issues which affect the lives of the parents and the children, such as finances, conflict resolution, visitation, discipline, anger management, and parenting styles. Tribal values and culture would be woven into the counseling and services program.

  9. State and Tribal TANF and Child Support Programs Although the two programs have similar goals, there are some differences between the State and Tribal program requirements in both TANF and Child Support. For example…

  10. Key Differences • To Receive a TANF Block Grant: • A State must certify that it operates a IV-D Child Support Program • Tribes are not required to operate a child support program

  11. Key Differences • Federal Share of Child Support • States must return approximately ½ of the child support collected for TANF children to the federal government • Tribes are not required to return a federal share of child support collections on TANF cases.

  12. Key Differences 3. Assigning Child Support • State TANF programs MUST require clients to assign child support to the state (see Sec. 408 [U.S.C. 608]) • Tribal TANF programs can decide whether or not to require clients to assign part or all of the child support.

  13. Key Differences 4. Cooperation with Child Support Agency • State TANF recipients are required to cooperate with the State child support agency by providing known information. • Tribes must decide whether they want to require a TANF client to cooperate with the State or Tribal child support program as a condition of eligibility.

  14. Key Differences • Notification of Child Support Payments • States are required to issue monthly notices to all current or former TANF clients, informing them of the amount of support collected on their behalf. • Tribes are not required to send these notices.

  15. Tracking Child Support • Tribal IV-D Child Support Programs are required to keep records of all collections and distributions for all cases. • For TTANF cases, the TCSP accountant makes sure that payments that exceed the TANF paid go to the family, rather than to the Tribe.

  16. Monies Collected byChild Support Programs Tribes have options in how they treat child support collected on behalf of TANF families: • Give the entire amount of child support to family and reduce the TANF grant by that amount, or…

  17. Monies Collected • Keep the child support to reimburse the Tribe’s TANF program (This isassigned child support) or… • Pass through all or part of child support to the family, and the TANF grant amount remains the same.

  18. Payments Passed Through to Families • If a tribe does not require assignment of support, and the support is passed through to the family… • If child support is not defined as income, the family may continue to be eligible for TANF benefits. • If support is counted as income, the family’s eligibility may be affected.

  19. Accounting Practices for Child Support Collections Recording child support payments for each TANF recipient is important. • If child support is assigned to the tribe, 45 CFR 286.155(b)(1) Tribal TANF Programs Final Rule,requires that there be procedures to ensure that excess child support will not be retained by the tribe.

  20. Accounting Practices for Child Support Collections 2. If the tribe passes on child support directly to the family, the TANF record must still record the payments to ensure that the client does not exceed eligibility income. 3. Tribes cannot hold and use monies that actually belong to the family.

  21. Recording Child Support Payments • Custodial Parents who have knowledge of child support payments are likely to have more reason to pursue regular payments. They may provide current additional information about the NCP’s employment and assets.

  22. Distribution RulesforState and Tribal IV-D programs • Current Support must be satisfied first (unless the collection comes from IRS tax offset) • All federal tax offset collections must be applied to arrears • IV-D agencies must keep payment records of current support and arrears payment amounts

  23. General Distribution Requirements • Assigned support retained by the State or the Tribe can’t exceed the amount of TANF paid to the family • If a Tribe requires assignment under its TANF program rules, the Tribal Child Support agency must track the assigned arrearages and also the arrearages owed to the family • In an intergovernmental case, the State or other Tribe determines the distribution

  24. Non-Assigned Support All collections must be sent to the family if: • The case is current TANF with no assignment requirements; • The family has never received TTANF or assigned support rights to the Tribe; • The TCSP has not received an intergovernmental case from a State or another Tribe requesting assistance in collecting child support for the case.

  25. Current Assigned Support • If the Tribal CSP has not received an intergovernmental case, the Tribe may retain collections up to the total TANF paid to the family. • All excess collections must be sent to the family if there is support owed

  26. Current Assigned Support • If the Tribal CSP has received an intergovernmental case, the Tribe: • May retain collections up to the TANF amount paid to the family • Must send all remaining collections to the State or other Tribe for distribution

  27. Former TTANF CaseArrearages Assigned to Tribe • If there is not an intergovernmental case, the Tribal CSP must: • Send current support collections to the family • Send the family any payments on arrearages owed to the family • Retain any remaining collections to satisfy any arrearages owed to the Tribe • Refund any overpayments remaining back to the NCP

  28. Former TTANF CaseArrearages Assigned to Tribe • If there is an intergovernmental case the Tribal CSP must: • Send all collections to the State or other Tribe for distribution, or • Contact the State or other Tribe and distribute collections as directed.

  29. Child Support Distribution

  30. Child Support Distribution (cont.)

  31. Implications for State IV-D • TTANF and Tribal IV-D programs have no system interface with State IV-D, meaning more manual case work required • TTANF and Tribal IV-D case openings may mean additional case openings and workload for State IV-D • Communication procedures are very important for both State IV-D and TTANF programs

  32. Questions? Please contact Jan Jensen Program Specialist (Tribal Child Support) Phone 206-615-3668 Region 10 ACF, 2201 6th Ave., Suite 300, RX-70, Seattle, WA 98121 Region 10 Tribal Programs Website: www.acf.hhs.gov/programs/region10/programs/region_10_tribal.html Janis.jensen@acf.hhs.gov

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