Overview of Tribal Child Support Enforcement (CSE) Program Financing

INSIGHTi

Overview of Tribal Child Support
Enforcement (CSE) Program Financing
Updated May 30, 2024
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 Services (OCSS) 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 (DC). In order to qualify for federal funding, these tribal CSE programs have until recently
been required to contribute nonfederal funding to pay for a percentage of approved program costs.
However, on February 12, 2024, OCSS issued a final rule that eliminates this requirement. This Insight
provides background on Title IV-D tribal CSE programs, the original funding requirements for these
programs, and recent developments.
Background on 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.
To further the goal of tribal self-governance, the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (PRWORA; P.L. 104-193) authorized the HHS Secretary to provide direct
federal funding to Indian tribes with approved CSE programs (SSA §455(f)). (PRWORA also permitted
states to enter into cooperative agreements with Indian tribes and tribal organizations [SSA §454(33)]).
Most tribal IV-D CSE programs were established between 2008 and 2014; however, only one such
program has been established since 2018. As of the date of this report, 60 tribal nations operate
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comprehensive CSE programs. In FY2020, the most recent period for which program data are available,
these programs served about 57,000 cases and collected an estimated $58 million in child support (of
which $11 million was distributed to other tribes, states, or countries).
Original Funding Requirements
PRWORA did not specify whether tribes would be required to contribute financially to the costs of
operating their CSE programs. Subsequent 2004 regulations stated that full federal funding (capped at
$500,000) would be provided for “start up” tribal CSE programs not yet meeting the regulatory
requirements. “Comprehensive” programs (i.e., those that meet those requirements) would receive 90%
federal funding of approved and allowable expenditures during the first three years of full program
operation, and 80% funding thereafter. (In contrast, the federal matching rate for CSE programs run by
states, territories, or DC is 66%.) Tribal programs unable to meet part or all of the nonfederal share
requirements also could apply for a waiver for the duration of the “funding period,” which generally
coincided with the federal fiscal year.
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
and a narrative justification for each cost category. This plan must be approved by HHS and is subject to
audits.
Although federal matching funds are the primary financing mechanism for tribal CSE programs, the 2004
regulations allowed tribal child support programs to charge application fees and recover actual costs of
providing services in excess of the application fee. (According to HHS, most did not because many tribal
families have low incomes.) Additionally, tribal CSE programs may require families receiving cash
assistance under the Temporary Assistance for Needy Families (TANF) program to assign (i.e., legally
turn over rights to) their child support to the tribe.
Recent Developments
In 2020, at the start of the COVID-19 pandemic, federal guidance clarified that tribal CSE programs
could apply for emergency waivers of the nonfederal share of program expenditures because of COVID-
19, and provided flexibility on the required documentation for the waiver requests. Thirty-one waivers
were subsequently approved in FY2020, 27 in FY2021, and 12 in FY2022. (In contrast, 10 emergency
waivers total were granted between FY2016 and FY2019.) The termination of the COVID-19 Public
Health Emergency on May 11, 2023, ended those flexibilities.
On February 12, 2024, OCSS issued a final rule discontinuing the nonfederal funding contribution
requirement for tribal CSE programs. (The NPRM issued April 21, 2023, was substantively the same as
the final rule.) OCSS stated that “many Tribes and Tribal organizations face systemic, historical, and
ongoing issues that impact their ability to meet the non-Federal share.” 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. Moreover, waiver requirements create administrative burdens that
take staff away from the program mission.
Under the final rule (effective October 1, 2024), up to $500,000 in federal funding would still be provided
for “start up” tribal CSE programs, but “comprehensive” programs would receive 100% federal funding
of approved program costs under the same annual budget submission and approval requirements
discussed above. A related change in the final rule prohibits these programs from charging fees or
recovering costs, but they may still require TANF families to assign their rights to child support to the
tribe. OCSS anticipates that the annual costs associated with this rule will be $17.2 million (FY2025),

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$19.0 million (FY2026), $26.4 million (FY2027), $34.3 million (FY2028), and $42.6 million (FY2029).
OCSS has released Updated Tribal Budget and Narrative Justification Templates (ACF-OCSS-AT-24-04),
and Guidance for the Tribal Child Support Program Start-Up Application Process (ACF-OCSS-IM-24-
01).

Author Information

Jessica Tollestrup

Specialist in Social Policy




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