AT-05-07, Policy Questions and Responses to Miscellaneous Issues regarding Provisions of 45 CFR part 309, the Tribal Child Support Enforcement Program Final Rule.

ACTION TRANSMITTAL

AT-05-07

ATTACHMENT: Questions and Answers Regarding Provisions of 45 CFR Part 309
Tribal Child Support Enforcement Transmittal Request Form

DATE: May 12, 2005

TO: FEDERALLY RECOGNIZED INDIAN TRIBES, TRIBAL AGENCIES ADMINISTRING CHILD SUPPORT ENFORCEMENT PROGRAMS UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT, STATE AGENCIES ADMINISTERING CHILD SUPPORT ENFORCMENT PROGAMS UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT, AND OTHER INTERESTED PARTIES.

SUBJECT: Policy Questions and Responses to Miscellaneous Issues regarding Provisions of 45 CFR part 309, the Tribal Child Support Enforcement Program Final Rule.

BACKGROUND:

The Tribal Child Support Enforcement Program Final Rule, at 45 CFR part 309, which provides the requirements that tribes and tribal organizations must meet in order to receive Federal funding under title IV-D of the Social Security Act (the Act) was published in the Federal Register on March 30, 2004 (69 FR 16638). The Office of Child Support Enforcement (OCSE) has received numerous inquiries from tribes, tribal organizations and states regarding interpretations of its provisions. The purpose of this Action Transmittal (AT) is to inform tribes, tribal organizations and states of OCSE’s policy responses to these inquiries.

ATTACHMENTS:

Attached are a collection of questions and answers in response to inquiries regarding provisions of 45 CFR part 309. The questions are arranged by subject matter. Also attached is the corrected distribution chart that was published in the preamble to the final regulation and a Tribal Child Support Enforcement Transmittal Request form developed by the Tribal/State Cooperation Workgroup.

REFERENCES:

AT-00-06, Notice of Proposed Rulemaking and Interim Final Rule for Tribal Child Support Enforcement Programs, dated August 22, 2000

AT-02-03, Clarifying the Applicability of the Full Faith and Credit for Child Support Enforcement Orders Act (FFCCSOA) to States and Tribes, dated May 28, 2002

AT-04-01, Final Rule on Tribal Child Support Enforcement Programs , dated March 30, 2004

AT-04-03, Program Instruction—Required Changes to Tribal IV-D Plans: Checklist, dated May 13, 2004

AT-04-05, Revised Federal Order/Notice to Withhold Income for Child Support and Notice of an Order to Withhold Income for Child Support, dated July 15, 2004

PIQ-TRIBAL 04-01, Direct Income Withholding when Employers are Subject to a Tribe’s Jurisdiction, Providing Tribal IV-D Services and Access to State Data, dated October 28, 2004

INQUIRIES:

Regional Administrators

David H. Siegel
Acting Commissioner
Office of Child Support Enforcement