| Office
of Child Support Enforcement | Proposed
Regulation for Comment |
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FOR IMMEDIATE RELEASE:
Monday, Aug. 21, 2000
Contact: Michael Kharfen, (202) 401-9215
HHS
ISSUES NEW RULES IMPLEMENTING TRIBAL
CHILD SUPPORT ENFORCEMENT PROGRAMS
HHS Secretary Donna
E. Shalala announced today the publication of new regulations to implement
direct child support enforcement program funding to federally recognized
Indian tribes and tribal organizations. The regulations carry out provisions
of the 1996 welfare reform law as amended by the Balanced Budget Act of
1997, which for the first time provided the option of direct funding of
tribal child support enforcement programs.
Two rules are being
published today. The interim final rule, effective immediately, applies
to Indian tribes and tribal organizations currently operating comprehensive
child support enforcement programs. The Notice
of Proposed Rulemaking (NPRM) proposes new rules that will allow most
Indian tribes and tribal organizations not currently operating comprehensive
child support programs to do so with direct funding in the future.
"The Clinton-Gore
administration has been fully committed to the principle of tribal self-determination,
and these regulations build on that unprecedented pledge," said Secretary
Shalala. "These rules will provide Indian tribes and tribal organizations
the opportunity to play an active role in developing and implementing
their own child support enforcement programs, which will amplify their
historic role of ensuring the well-being of children."
Under the new regulations,
HHS can make direct payments for administrative expenses to tribes, tribal
organizations and Alaskan Native villages that demonstrate their capacity
to operate a child support enforcement program. Tribes will have to meet
the objectives of the program, including establishment of paternity; modification
and enforcement of support orders; collection and distribution of support;
and location of non-custodial parents. Initially, the federal government
will pay 90 percent of reasonable and necessary costs of the programs.
Tribes and tribal organizations will be required to make a contribution
of 10 percent.
"With all of
the accomplishments the federal and state child support enforcement program
have been able to achieve, there are still many children deprived of essential
help," said Olivia A. Golden, HHS Assistant Secretary for Children
and Families. "These regulations offer an historic opportunity for
tribes to reach more children and ensure that both parents are responsibly
providing emotional and financial support to their children."
Currently, 15 tribes
in eight states are running their own child support programs either through
demonstration grants or cooperative agreements with states, handling about
20,000 cases. In
the development of the interim and proposed rules, HHS consulted extensively
with tribes in meetings across the country. Many tribes expressed interest
in the potential to develop and operate their own child support enforcement
program.
"We are committed
to helping those tribes that choose to run their own programs be successful.
And we're putting federal dollars behind that commitment," said David
Gray Ross, commissioner of the Office of Child Support Enforcement.
In this year's budget
proposal, the President requested $255 million for the first year of a
new "Fathers Work/Families Win" initiative, which will help
at least 40,000 low-income fathers and 40,000 low-income working families
work and support their children. This includes $10 million for Native
American workforce agencies. The President's budget would also allow states
to simplify child support distribution rules, reward states that pass
through more child support payments directly to families, and extend Welfare-to-Work
grants for two additional years so states, communities, and tribes can
help more non-custodial parents and long-term welfare recipients move
into lasting unsubsidized jobs.
Since taking office,
the Clinton-Gore administration has made child support enforcement a priority.
In 1999, almost $16 billion was collected for children by the child support
enforcement program, an increase of 10 percent from 1998, and double the
amount collected in 1992; the federal government collected a record $1.3
billion in overdue child support from federal tax refunds alone. A new
program to match delinquent parents with financial records found nearly
900,000 accounts since August 1999 with a total value of about $3 billion.
The Passport Denial Program has collected more than $4 million in lump
sum child support payments, and is currently denying 30 to 40 passports
to delinquent parents per day in an effort to collect financial support
for their children. Nearly 1.5 million men acknowledged paternity in 1998,
an increase of 12 percent in one year alone and three times as many as
in 1992. The administration has also approved waiver demonstrations and
granted funds to states supporting and promoting responsible fatherhood
programs.
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Note: All HHS press releases, fact sheets and other press materials are
available at http://www.hhs.gov/news.
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