[Code of Federal Regulations]
[Title 45, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR309.05]

[Page 302-303]
 
                        TITLE 45--PUBLIC WELFARE
 
    CHAPTER III--OFFICE OF CHILD SUPPORT ENFORCEMENT (CHILD SUPPORT 
 
PART 309_TRIBAL CHILD SUPPORT ENFORCEMENT (IV-D) PROGRAM--Table of Contents
 
            Subpart A_Tribal IV-D Program: General Provisions
 
Sec. 309.05  What definitions apply to this part?

    The following definitions apply to this part:
    IV-D services are the services that are authorized or required for 
the establishment of paternity, establishment, modification, and 
enforcement of support orders, and location of noncustodial parents 
under title IV-D of the Act, this rule, the Tribal IV-D plan and program 
instructions issued by the Department.
    ACF means the Administration for Children and Families, U.S. 
Department of Health and Human Services.
    Act means the Social Security Act, unless otherwise specified.
    Assistant Secretary means the Assistant Secretary for Children and 
Families, Department of Health and Human Services.
    Central office means the Office of Child Support Enforcement.
    Child support order and child support obligation mean a judgment, 
decree, or order, whether temporary, final or subject to modification, 
issued by a court of competent jurisdiction, tribunal or an 
administrative agency for the support and maintenance of a child, 
including a child who has attained the age of majority under the law of 
the issuing jurisdiction, or of the parent with whom the child is 
living, which provides for monetary support, health care, arrearages, or 
reimbursement, and which may include related costs and fees, interest 
and penalties, income withholding, attorneys' fees, and other relief.
    The Department means the U.S. Department of Health and Human 
Services.
    Income means any periodic form of payment due to an individual 
regardless of source, except that a Tribe may expressly decide to 
exclude per capita, trust, or Individual Indian Money (IIM) payments.
    Indian means a person who is a member of an Indian Tribe.
    Indian Tribe and Tribe mean any Indian or Alaska Native Tribe, band, 
nation, pueblo, village, or community that the Secretary of the Interior 
acknowledges to exist as an Indian Tribe and includes in the list of 
Federally-recognized Indian Tribal governments as published in the 
Federal Register pursuant to 25 U.S.C. 479a-1.
    Location means information concerning the physical whereabouts of 
the noncustodial parent, or the noncustodial parent's employer(s), and 
other sources of income or assets, as appropriate, which is sufficient 
and necessary to take the next appropriate action in a case.
    Non-cash support is support provided to a family in the nature of 
goods and/or services, rather than in cash, but which, nonetheless, has 
a certain and specific dollar value.
    Notice of Disapproval refers to the written notification from the 
Department that the Tribal IV-D application, IV-D plan, or plan 
amendment fails to meet the requirements for approval under applicable 
Federal statutes and regulations.
    OCSE refers to the Federal Office of Child Support Enforcement.
    Program development plan means a document detailing the specific 
steps a Tribe or Tribal organization will take to come into compliance 
with the requirements of Sec. 309.65(a), and the timeframe associated 
with each step.
    Regional office refers to one of the regional offices of the 
Administration for Children and Families.
    Secretary means the Secretary of the Department of Health and Human 
Services or designee.
    TANF means the Temporary Assistance for Needy Families program as 
found at section 401 et seq. of the Social Security Act (42 U.S.C. 601 
et seq.).

[[Page 303]]

    Title IV-D refers to the title of the Social Security Act that 
authorizes the Child Support Enforcement Program, including the Tribal 
Child Support Enforcement Program.
    Tribal IV-D agency means the organizational unit in the Tribe or 
Tribal organization that has the authority for administering or 
supervising the Tribal IV-D program under section 455(f) of the Act.
    Tribal custom means unwritten law having the force and effect of law 
within a particular Tribe.
    Tribal organization means any legally established organization of 
Indian Tribes which is sanctioned or chartered as a single governing 
body representing two or more Indian Tribes.