TCSEP will operate under all applicable CS&KT Laws Codified, State, and/or Federal codes, statutes, regulations and/or policies specific to a Tribal Title IV-D Program, as well as the TCSEP Policy and Procedures Manual and Tribal Child Support Enforcement Guidelines.
State orders, meeting the respective Tribal service criteria, may be accorded full faith and credit by the Tribal Court and become a Tribal order. Tribal Court jurisdiction pertaining to Tribal Child Support Enforcement services are as follows:
1) The Court has jurisdiction in accordance with the CS&KT Constitution and CS&KT Laws Codified;
2) Inter-governmental cases: If a case is referred to the TCSEP from another jurisdiction, the TCSEP shall assist in providing services under the Full Faith and Credit for Child Support Orders Act (USC 173B); however, the Court retains authority to review the foreign Court order for proper jurisdiction.
3) TCSEP will extend the full range of Child Support services to respond to all requests from outside jurisdictions.
4) If a NCP is living in another jurisdiction, the TCSEP Case Manager may request assistance from another IV-D Program through a transmittal form.
All U.S. States are regulated by the Uniform Reciprocal Enforcement of Support Act (URESA) enacted in 1950, and/or the Uniform Interstate Family Support Act (UIFSA) enacted in 1996 to supersede URESA, to improve Child Support Enforcement services across all boundaries.
Currently, numerous countries adhere to UIFSA through agreements with the United States. However, Tribes follow the legislation of the Full Faith and Credit for Child Support Orders Act (FFCCSOA) enacted in 1994. The UIFSA legislation is not applicable to Tribes.
State orders that meet the respective Tribal service criteria can be registered and enforced in the Tribal Court.
Procedure for Recognition of Foreign Case Referrals
1) Employee of the Tribe: TCSEP will provide collections on Child Support Orders referred to the Tribe by a foreign jurisdiction for Tribal employees who are not otherwise within the jurisdiction of the Tribal Court. TCSEP may request Full Faith and Credit of the order to assist with collection remedies if necessary. If the individual leaves employment with the Tribes, the case will be returned to a Tribal or State program.
2) Request for Referral to State: Non-Indian CP’s who do not want their cases serviced by TCSEP may request that their cases be referred to the State office. However, the State may request that TCSEP perform Child Support Enforcement services on a case through the referral process if TCSEP has the ability to locate or collect support on the case.
3) DHRD TCSEP is well aware of the importance of collaboration and cooperation with other CSE entities, whether they are States, Tribes or other agencies. Staff will develop strong, positive working relationships with other CSE entities and assist them by serving orders from other jurisdictions upon employers within the Tribe’s jurisdiction. In return, staff will expect collaboration from other such entities in serving orders from DHRD TCSEP on employers in other jurisdictions.