Tribal 101:
Empowering Tribes
and States to Work
Together
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History of Tribal IV-D
• Interim Final Rule for Tribal Child Support Program was
published on August 21, 2000
• Under the Interim Final Rule, nine tribes applied for and
received direct funding.
• Final Rule was published on March 30, 2004
• Federal regulation requirements for tribal programs are not
identical to the regulation requirements of state programs.
• Tribes that receive direct Federal funding are IV-D programs
on equal footing with all other IV-D programs.
• There are currently 41 comprehensive tribes and 6 in the
“start-up” phase.
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45 CFR 309.65
Tribal Regulations
• Tribal Programs Must:
– 1. Identify the jurisdiction of the Tribe for child
support purposes
– 2. Procedures for accepting all applications and
providing services required by law
– 3. Protect the due process rights of individuals (in
the legal process and for Program clients)
– 4. Administrative and Management procedures
– 5. Safeguarding and Confidentiality procedures
– 6. Maintain records
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45 CFR 309.65 Tribal Regulations Cont…
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7. Provide copies of required law
8. Locate parents and their assets
9. Establish paternity
10.Establishment and modification of child support
orders
11.Income withholding (employer education) and
other enforcement techniques
12.Collection and Distribution of support
13.Intergovernmental case processing
14.Tribal performance targets
Sovereignty
• Sovereignty
– Supremacy of authority or rule as exercised by a sovereign
or sovereign state.
– Royal rank, authority, or power.
– Complete independence and self-government.
– A territory existing as an independent state.
• Treaty
– A contract in writing between two or more political
authorities (as states or sovereigns) formally signed by
representatives duly authorized and usually ratified by the
lawmaking authority of the state
• Jurisdiction
– (law) The right and power to interpret and apply the law;
"courts having jurisdiction in this district" [syn: legal
power]
– In law; the territory within which power can be exercised
• Self-Governance:
– Provides Tribal governments with more control and
decision-making authority over the Federal financial
resources provided for the benefit of Indian people.
– Affirms a “government-to-government” relationship.
– Not something “given” to us --- it is our assertion of selfrule and exercise of sovereignty.
Sovereignty and Child Support
• Operation of our program is an expression of
sovereignty.
• WE establish our values.
• WE determine our needs.
• WE make our laws.
• WE utilize our tribal court systems.
• WE determine jurisdiction.
• WE take care of our children.
Cherokee Nation
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Location – Cherokee Nation is located in the Cherokee County Seat of Tahlequah,
Oklahoma, in Northeast Oklahoma. The Cherokee Nation Tribal Jurisdiction
Service Area (TJSA) covers the 14 Northeast Counties of Oklahoma. Those being
Cherokee, Muskogee, Wagoner, Adair, Sequoyah, Rogers, Delaware, Mayes,
Washington, Nowata, Craig, McIntosh, Northern Tulsa, and (Southern) Ottawa
counties. There are 9 Cherokee Tribal Districts within these counties.
People (membership) – 310, 064 Cherokee Tribal Members reported as of May 07,
2011; 117,375 reside in our 14 counties/9 Cherokee Tribal Districts
Governance – The Cherokee Nation is governed by an elected officials of the
Principal Chief, Deputy Chief, 15 District Council Members who represent Cherokee
Tribal Members who reside with the 14 county TJSA/9 Cherokee Tribal Districts;
and two at-large Council Members who represent Cherokee Tribal Members who
reside outside of the Cherokee Nation boundaries. The Cherokee exercises its
sovereignty via a 3-branch system of government: Executive, Legislative and
Judicial. Other entities include the Constitution Convention, Election Commission,
Gaming Commission, Tax Commission and the Environmental Protection
Commission. The Cherokee Nation also enlists protection to its territories and
peoples from the Cherokee Nation Marshal Services.
Cherokee Nation Continued
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Economy - The Cherokee Nation employs 8000 employees across Oklahoma to
include its TJSA. Cherokee Nation employees Tribal Members via the Cherokee
Nation, Cherokee Nation Businesses, Cherokee Nation Industries, Cherokee Nation
Enterprises, Cherokee Nation CRC, Cherokee Nation Gift Shop. The Cherokee
Nation is host to eight health clinics and one full-service hospital; in addition
Cherokee Nation Health Services includes specialty departments of medicine. The
Cherokee Nation is also host to a variety of services to include but not limited to:
Human Services, Career Services, Community Services, Housing Services,
Commerce Services, Education Services, Leadership Services, Tax Commission,
Tribal Citizenship and Natural Resources. The Cherokee Nation is comprised of
areas from small rural communities to larger populated towns and a portion of
one urban setting. The 2000 Census reported that the median income for a
household in the city was $23,238, and the median income for a family was
$34,811. The Cherokee Nation is not a Per Capita Payment Tribe.
Oneida Nation of Wisconsin
• Location - Oneida’s reservation is located in Oneida, Wisconsin with part
of the reservation lying in the western part of the city of Green Bay.
• People (membership) - The tribe consists of 16,000 enrolled members
living nationwide. More than 3,000 live in one of the two counties that the
reservation lies within.
• Governance – Governed by a nine member elected Business Committee
with 4 officer positions and 5 council member positions.
• Economy - We are a gaming tribe with a successful casino as well as other
revenue generating businesses such as convenience stores and tobacco
shops.
– Per Capita Income: Members receive a small per-capita which is given out one
time yearly to all enrolled members. Minor payments are put into a trust until
they reach eighteen and graduate from high school. Oneida’s per-capita law
dictates the garnishment of these monies for only two purposes. One is for
child support arrears and the other is if the member owes the tribe money.
Child support supersedes tribal debt.
Osage Nation of Oklahoma
• Location – Osage Nation’s reservation is located in the northern portion of
Oklahoma; coterminous with Osage County.
• People (membership) – The Nation consist of 14,500
members living nationwide. More than 3,400 members live within the
Nations boundaries.
• Governance – Consists of three branches, Executive, Legislative and
Judicial. The supreme executive power of the Osage Nation is vested in
the Principal Chief.
• Economy – Osage Nation is primarily a gaming revenue tribe that has
seven (7) success casinos as well as other revenue generating businesses
such as convenience stores, tobacco shops, and internal tax commission.
Osage Nation does not issue a per cap. Dollars generated by the Nation
are generally put back in the community through assistance programs.
Working Together
• Tribal nations are not required to adopt UIFSA.
• Tribal nations are required to comply with
FFCSOA
• Inter-jurisdictional cases
• Registering a judgment with a tribal court
• Income of tribal members
Enforcing Orders on Tribal
Reservations
• Each tribal nation can have different requirements to register
a order in their court.
• It’s most helpful to give the agency a telephone call and
inquire as to what they require for registration of a foreign
order or assistance with an inter-jurisdictional case.
– Many tribal agencies do use Transmittal #1 and subsequent
documents.
• It’s also important to note that there are only 41
comprehensive tribes operating child support while there are
over 550 federally recognized tribes.
• Even those without federal funding may have a law in place
regarding family matters including child support.
Referral vs. Transfer
REFERRAL
• Custodial Party has assigned all of his/her rights and those of the
child(ren) support to the state.
• Party required to cooperate with the IV-D child support agency.
• State and Tribe may have shared interest and work cooperatively in
managing said case.
• Federal regulation requires a State extend full range of services under its
plan to all Tribal IV-D programs.
• Tribal IV-D programs must accept the referral, open a case, and extend full
range of the tribal program services and plan to respond to all request
from, and cooperate with, State and other Tribal IV-D agencies and must
recognize child support orders of other Tribes/States under FFCCSOA at 28
U.S.C. 1728B.
Referral Continued…
• If a case is referred to a tribal IV-D program by a state IVprogram, the State can continue to take enforcement actions
available to the State IV-D program agency. The Tribal IV-D
program cannot close the case and must continue to take
action upon referral, unless the State IV-D program specifically
request closure. Closure by the Tribal program is a failure of
the program to cooperate and provide child support
enforcement services by denying the applicant all services
available under Federal, State and Tribal law. State and tribal
programs should notify each other to prevent duplication of
efforts.
Referral vs. Transfer
TRANSFER
• As to a case (non-legal) transfer, a State IV-D program (or
other Tribal IV-D program) may have a current case, but the
appropriate party may want to receive the services from a
Tribal IV-D program. The party will request the case be
transferred (non-legal). If there are no assigned arrearages to
the State, upon completion of the transfer process, the case is
an outright transfer to the Tribal IV-D program. If there is an
assigned arrearage to the State and a private
arrearage/balance, then upon completion of the transfer
process, the case is a transfer as to any private arrearages and
a referral as to any State arrearages. If upon application of
the party, it is determined that all arrearages are state owed,
then the case is a referral and not a transfer.
Transfer Continued…
• In a full transfer (no state owed arrearages), the applicant can
request that the State IV-D program can close the State case if
the case meets the regulations for case closure. If the state
does not meet the requirements for case closure, the State
must continue to provide any possible IV-D services available
under Federal law and regulation. Likewise, if a tribal IV-D
agency accepts a transfer of case form a State IV-D program,
and then determines under tribal code that the Tribal
program does not have jurisdiction, the case cannot be
returned to the state. The Tribal program should be able to
continue to provide basic assistance on the case which
includes location, preparation of documents for
intergovernmental processing, case monitoring, and
distribution of collections forwarded from another
jurisdiction, etc.
Transfer Continued…
• Cherokee Nation Office of Child Support Enforcement utilizes
an Application/Affidavit of Transfer to complete the process of
transfer. Upon completion of the appropriate documentation
by a proper party, CNOCSE has an internal process for
requesting non-legal transfer from the State of Oklahoma.
• The process for transfer between CNOCSE and the State of
Oklahoma requires the proper party request closure of the
state case by checking a box on the Application/Affidavit of
Transfer. A copy of the application is then forwarded to the
state program for closure. This process has historically been
followed by the State of Oklahoma and Tribes in cases of no
state-assigned arrears and in cases where a party is a current
recipient of other State IV-D program services (TANF).
Working Together - Summary
• Communication is Key
• Check with the tribal court or tribal child support
agency when
• 1. seeking assistance with an inter-jurisdictional case
• 2. registering an order
• 3. inquiry into per capita income and garnishment of said income
• Link to tribal child support agencies under federal
funding:
https://ocse.acf.hhs.gov/int/directories/index.cfm?fu
seaction=main.tribalivd
Questions?
Thank You
Detra Kingfisher, Cherokee Nation
detra-kingfisher@cherokee.org
Lisa Schwartz, Oneida Nation
lschwart@oneidanation.org
Greg Kidder, Osage Nation
gkidder@osagetribe.org