Submitting Contracts with Tribal IV-D Plans
DATE: May 14, 2008
TO: Tribal IV-D and Start-up Program Directors
RE: Submitting Contracts with Tribal IV-D Plans
Dear Tribal IV-D Director:
The Final Rule on Tribal Child Support Enforcement programs sets forth the requirements and related provisions for Tribal IV-D programs. The requirements are found at 45 CFR Part 309.
We have noted that in many instances in which a Tribal IV-D plan is submitted to OCSE for review and approval, required copies of contracts are not included. This letter is to remind comprehensive Tribal IV-D programs, Tribal IV-D programs with start-up funding, and Tribes applying for start-up funding that copies of contracts must be submitted with Tribal IV-D plans in accordance with 45 CFR 309.60(c). The regulation at 309.60(c) says:
"If a Tribe or Tribal organization delegates any of the functions of the Tribal IV-D program to another Tribe, a State, and/or another agency or entity pursuant to a cooperative arrangement, contract or Tribal resolution, the Tribe or Tribal organization is responsible for securing compliance with the requirements of the Tribal IV-D plan by such Tribe, State, agency or entity. The Tribe or Tribal organization is responsible for submitting copies and appending to the Tribal plan any agreements, contracts, or Tribal resolutions between the Tribal IV-D agency and a Tribe, State, other agency or entity."
The requirement to submit contracts and append them to the Tribal plan includes contracts with genetic laboratories used under §309.100(c) which says: "When genetic testing is used to establish paternity, the Tribal IV-D agency must identify and use accredited laboratories which perform, at reasonable cost, legally and medically acceptable genetic tests which intend to identify the father or exclude the alleged father."
Please direct any questions to the appropriate ACF OCSE Regional Program Manager.
Office of Child Support Enforcement
cc: ACF OCSE Regional Program Managers