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              Congressional                                                     ____
         a Research Service






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.




                                                                Congressional Research Service
                                                                https://crsreports.congress.gov
                                                                                     IN12164

CRS INSIGHT
Prepared for Members and
Committees of Congress

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