INSIGHTi

Overview of Tribal Child Support
Enforcement (CSE) Program Financing
May 22, 2023
All 50 states, the District of Columbia, Guam, Puerto Rico, the U.S. Virgin Islands, and certain tribal
nations operate Child Support Enforcement (CSE) programs pursuant to Title IV-D of the Social Security
Act (SSA). The program is federally administered by the Office of Child Support Enforcement (OCSE) in
the Administration for Children and Families (ACF) of the Department of Health and Human Services
(HHS). Program services include parent location and the establishment, modification, and enforcement of
child support orders. CSE is estimated to handle the majority of all child support cases; the remaining
cases are handled by private attorneys, by collection agencies, or through mutual agreements between
parents.
CSE programs generally receive federal funding from several different sources. However, tribal CSE
programs are funded differently from non-tribal programs run by states, territories, and the District of
Columbia. In addition, OCSE recently issued a notice of proposed rulemaking (NPRM) that would no
longer require that tribes provide a non-federal funding contribution for the approved costs of their CSE
program operations. This Insight summarizes this issue and selected recent developments.
Overview of Tribal CSE Programs
Originally, Title IV-D of the SSA placed authority to administer the delivery of CSE services solely with
the states. However, on many types of tribal lands the authority of state and local governments was (and
continues to be) limited, constraining their ability to provide CSE services on tribal lands. Similarly, some
Indian families had difficulty obtaining CSE services from the state CSE programs. The enactment of P.L.
104-193 (the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 [PRWORA])
permitted states to enter into cooperative agreements with Indian tribes and tribal organizations (SSA
§454(33)). To further the goal of tribal self-governance, the HHS Secretary was also authorized to provide
direct federal funding to Indian tribes with approved CSE programs (SSA §455(f)). The law did not
specify whether tribes would be required to contribute financially to the costs of operating their CSE
programs.
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Tribal CSE Program Financing
After the enactment of PRWORA, HHS promulgated regulations that specify how tribes and tribal
organizations may apply for and receive direct funding to operate their CSE programs. Tribal CSE
programs not meeting regulatory requirements may apply for start-up funding equal to 100% of approved
and allowable expenditures (capped at $500,000). Once a tribal program meets those requirements and is
approved by the HHS Secretary, it is considered a “comprehensive” tribal CSE program. In contrast to the
federal matching rate of 66% for CSE programs run by states, territories, or the District of Columbia,
comprehensive tribal programs receive 90% federal funding of approved and allowable expenditures
during the first three years of full program operation, and 80% funding thereafter. The non-federal share
of CSE program expenditures may be in cash and/or in-kind, fairly valued, by the tribe or tribal
organization and/or by a third party (45 C.F.R. §309.130(c) and (d)).
Federal regulations list allowable activities and costs that can receive federal reimbursement, and also
stipulate those that are not allowable. To receive federal funding, a tribal CSE agency must submit certain
budgetary information, including a quarter-by-quarter estimate of CSE expenditures for the fiscal year.
Tribal programs unable to meet part or all of the non-federal share requirements may apply for a waiver.
“Anticipated temporary waiver requests’’ are due 60 days before the start of the “funding period,” which
generally coincides with the federal fiscal year. “Emergency waiver requests,” which are usually due to an
emergency situation such as a natural disaster or public health emergency, may be submitted after the start
of the funding period. Approved waivers expire at the end of the funding period.
Although federal matching funds are the primary financing mechanism for tribal CSE programs, such
programs may also receive funding by charging application fees and recovering actual costs of providing
services in excess of the application fee. (According to OCSE, most do not because many tribal families
have low incomes.) Fees and costs recovered are considered program income and must be used to reduce
the amounts of expenditures for federal matching. Additionally, tribal CSE programs may require families
receiving cash assistance under the Temporary Assistance for Needy Families program to assign (i.e.,
legally turn over rights to) their child support to the tribe.
Selected Recent Developments
Most tribal CSE programs were established between 2008 and 2014; one such program has been
established since 2018. As of FY2021, 60 tribal nations operated comprehensive CSE programs,
collecting an estimated $53 million in child support. Of that amount, $11 million was distributed to other
tribes, states, or countries. In FY2019, the most recent period for which data are available, comprehensive
tribal programs served about 59,000 cases.
In 2020, at the start of the COVID-19 pandemic, OCSE provided guidance that tribal CSE programs
could apply for emergency waivers of the non-federal shares of program expenditures because of
COVID-19. In addition, OCSE provided those programs with flexibility on the required documentation
for the waiver requests. OCSE subsequently approved 31 waivers in FY2020, 27 in FY2021, and 12 in
FY2022. (In contrast, OCSE granted 10 emergency waivers total between FY2016 and FY2019.) The
termination of the COVID-19 Public Health Emergency on May 11, 2023, ended those flexibilities.
On April 21, 2023, OCSE published an NPRM proposing to eliminate the tribal non-federal share
requirements and to prohibit tribal programs from charging fees and recovering costs. (Comments are due
on June 20, 2023.) OCSE stated that the NPRM “responds to feedback and recommendations submitted
during Tribal Consultations and OCSE listening sessions about the hardship of meeting the non-Federal
share requirement.” Tribes have generally found the financial requirements to be disruptive, causing
programs to operate with resource deficits to address systems needs or at-risk populations. These
programs have not found waivers a sufficient remedy because “extensive submission procedures” create

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administrative burdens, taking staff away from the program mission. OCSE anticipates that it would
continue to control program costs through existing requirements for tribal CSE programs to submit their
budgets to OCSE for approval.


Author Information

Jessica Tollestrup

Specialist in Social Policy




Disclaimer
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IN12164 · VERSION 4 · NEW

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