DATE: October 24, 2011
TO: ALL TRIBAL IV-D DIRECTORS
RE: Change to Previously Issued TDCL-10-07
The purpose of this letter is to alert you to a change in guidance previously issued in TDCL-10-07, Plan Amendments dated October 1, 2010. That guidance addressed tribal IV-D plan amendments and the instances in which changes to a plan would require a plan amendment.
The regulation at 45 CFR §309.35(e) mandates that if a tribe or a tribal organization intends to make an substantial or material change in any aspect of the tribal IV-D program, a plan amendment must be submitted for approval. The guidance issued in 2010 in TDCL-10-07 identified changes to previously approved job descriptions as an event that constituted a “substantial or material change.”
Conversations with tribal IV-D directors prompted the reevaluation of this requirement. I determined that a change to a previously approved job description does not constitute a substantial or material change. However, position descriptions are still a required element of the initial tribal plan application.
Questions may be directed to your regional representative.
Office of Child Support Enforcement
cc: Tribal Leaders
ACF/OCSE Regional Program Managers