[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: 45CFR310.115]

[Page 329]
 
                        TITLE 45--PUBLIC WELFARE
 
    CHAPTER III--OFFICE OF CHILD SUPPORT ENFORCEMENT (CHILD SUPPORT 
 
PART 310_COMPREHENSIVE TRIBAL CHILD SUPPORT ENFORCEMENT (CSE) PROGRAMS
--Table of Contents
 
                 Subpart C_Tribal CSE Plan Requirements
 
Sec. 310.115  What procedures governing the distribution of child 
support must a Tribe or Tribal organization include in a Tribal CSE plan?

    A Tribe or Tribal organization demonstrates capacity to operate a 
Tribal CSE program meeting the objectives of title IV-D of the Act when 
its Tribal CSE plan includes the following requirements:
    (a) In cases where families receiving services from the Tribal CSE 
program are receiving Temporary Assistance for Needy Families (TANF) 
assistance from the State, collected child support must be distributed 
consistent with section 457(a)(1) of the Act;
    (b) In cases where families receiving services from the Tribal CSE 
program are receiving TANF assistance from a Tribal TANF program and 
formerly received assistance under a State program funded under title 
IV-A, child support arrearage collections must be distributed consistent 
with section 457(a)(2) of the Act;
    (c) In cases where families receiving services from the Tribal CSE 
program are receiving TANF assistance from a Tribal TANF program and 
have assigned their rights to child support to the Tribe, collected 
child support up to the amount of Tribal TANF assistance received by the 
family may be retained by the Tribe, and any collected child support in 
excess of the amount of Tribal TANF assistance received by the family 
must be paid to the family;
    (d) In cases where families receiving services from the Tribal CSE 
program formerly received Tribal TANF assistance and assigned their 
right to child support to the Tribe, collected child support above 
current support may be retained by the Tribe as reimbursement for past 
Tribal TANF assistance payments made to the family for which the Tribe 
has not been reimbursed, and any collected child support in excess of 
the amount of unreimbursed Tribal TANF assistance received by the family 
must be paid to the family; and
    (e) In cases where families receiving services from the Tribal CSE 
program never received assistance under a State or Tribal program funded 
under title IV-A, all collected child support must be paid to the 
family.