[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: 45CFR309.65]

[Page 307-308]
 
                        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 C_Tribal IV-D Plan Requirements
 
Sec. 309.65  What must a Tribe or Tribal organization include in a Tribal 
IV-D plan in order to demonstrate capacity to operate a Tribal IV-D program?

    (a) A Tribe or Tribal organization demonstrates capacity to operate 
a Tribal IV-D program meeting the objectives of title IV-D of the Act 
and these regulations by submission of a Tribal IV-D plan which contains 
the required elements listed in paragraphs (a)(1) through (14) of this 
section:
    (1) A description of the population subject to the jurisdiction of 
the Tribal court or administrative agency for child support purposes as 
specified under Sec. 309.70;
    (2) Evidence that the Tribe or Tribal organization has in place 
procedures for accepting all applications for IV-D services and promptly 
providing IV-D services required by law and regulation;
    (3) Assurance that the due process rights of the individuals 
involved will be protected in all activities of the Tribal IV-D program, 
including establishment of paternity, and establishment, modification, 
and enforcement of support orders;
    (4) Administrative and management procedures as specified under 
Sec. 309.75;
    (5) Safeguarding procedures as specified under Sec. 309.80;

[[Page 308]]

    (6) Assurance that the Tribe or Tribal organization will maintain 
records as specified under Sec. 309.85;
    (7) Copies of all applicable Tribal laws and regulations as 
specified under Sec. 309.90;
    (8) Procedures for the location of noncustodial parents as specified 
under Sec. 309.95;
    (9) Procedures for the establishment of paternity as specified under 
Sec. 309.100;
    (10) Guidelines for the establishment and modification of child 
support obligations as specified under Sec. 309.105;
    (11) Procedures for income withholding as specified under Sec. 
309.110;
    (12) Procedures for the distribution of child support collections as 
specified under Sec. 309.115;
    (13) Procedures for intergovernmental case processing as specified 
under Sec. 309.120; and
    (14) Tribally-determined performance targets for paternity 
establishment, support order establishment, amount of current support to 
be collected, amount of past due support to be collected, and any other 
performance measures a Tribe or Tribal organization may want to submit.
    (b) If a Tribe or Tribal organization currently is unable to satisfy 
any or all of the requirements specified in paragraph (a) of this 
section:
    (1) It may demonstrate capacity to operate a Tribal IV-D program 
meeting the objectives of title IV-D of the Act and these regulations by 
submission of an application for start-up funding as required by Sec. 
309.16(a) of this part.
    (2) The Secretary may cease start-up funding to a Tribe or Tribal 
organization if that Tribe or Tribal organization fails to satisfy one 
or more provisions or milestones described in its program development 
plan within the timeframe specified in such plan.