[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: 45CFR309.75]

[Page 308-309]
 
                        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. 309.75  What administrative and management procedures must a Tribe or 
Tribal organization include in a Tribal IV-D plan?

    A Tribe or Tribal organization must include in its Tribal IV-D plan 
the administrative and management provisions contained in this section:
    (a) A description of the structure of the IV-D agency and the 
distribution of responsibilities within the agency.
    (b) Evidence that all Federal funds and amounts collected by the 
Tribal IV-D agency are protected against loss. Tribes and Tribal 
organizations may comply with this paragraph by submitting documentation 
that establishes that every person who receives, disburses, handles, or 
has access to or control over funds collected under the Tribal IV-D 
program is covered by a bond or insurance sufficient to cover all 
losses.
    (c) Procedures under which notices of support collected, itemized by 
month of collection, are provided to families receiving services under 
the Tribal IV-D program at least once a year. In addition, a notice must 
be provided at any time to either the custodial or noncustodial parent 
upon request.
    (d) A certification that for each year during which the Tribe or 
Tribal organization receives or expends funds pursuant to section 455(f) 
of the Act and this part, it shall comply with the provisions of chapter 
75 of Title 31 of the United States Code (the Single Audit Act of 1984, 
Pub. L. 98-502, as amended) and OMB Circular A-133.
    (e) If the Tribe or Tribal organization intends to charge an 
application fee or recover costs in excess of the fee, the Tribal IV-D 
plan must provide that:
    (1) The application fee must be uniformly applied by the Tribe or 
Tribal organization and must be:
    (i) A flat amount not to exceed $25.00; or
    (ii) An amount based on a fee schedule not to exceed $25.00.

[[Page 309]]

    (2) The Tribal IV-D agency may not charge an application fee in an 
intergovernmental case referred to the Tribal IV-D agency for services 
under Sec. 309.120.
    (3) No application fee may be charged to an individual receiving 
services under titles IV-A, IV-E foster care maintenance assistance, or 
XIX (Medicaid) of the Act.
    (4) The Tribal IV-D agency must exclude from its quarterly 
expenditure claims an amount equal to all fees which are collected and 
costs recovered during the quarter.