[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: 45CFR310.145]

[Page 332-334]
 
                        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 D_Tribal CSE Program Funding
 
Sec. 310.145  What costs are allowable charges to Tribal CSE programs 
carried out under Sec. 310.65(a) of this part?

    Federal funds are available for direct costs of operating a Tribal 
CSE program under an approved Tribal CSE application carried out under 
Sec. 310.65(a) of this part, provided that such costs are determined by 
the Secretary or designee to be reasonable, necessary, and allocable to 
the program. Federal funds are also available for indirect costs, where 
applicable, at the appropriate negotiated indirect cost rate. Allowable 
activities and costs include:

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    (a) Support enforcement services provided to eligible individuals, 
including: parent locator services; paternity establishment; and support 
order establishment, modification, and enforcement services;
    (b) Administration of the Tribal CSE program, including but not 
limited to the following:
    (1) Establishment and administration of the Tribal CSE program plan;
    (2) Monitoring the progress of program development and operations, 
and evaluating the quality, efficiency, effectiveness, and scope of 
available support enforcement services;
    (3) Establishment of all necessary agreements with other Tribal, 
State, and local agencies or private providers for the provision of 
child support enforcement services in accordance with Procurement 
Standards found in 45 CFR 92.36. These agreements may include:
    (i) Necessary administrative agreements for support services;
    (ii) Use of Tribal, Federal, State, and local information resources;
    (iii) Cooperation with courts and law enforcement officials;
    (iv) Securing compliance with the requirements of the Tribal CSE 
program plan in operations under any agreements;
    (v) Development and maintenance of systems for fiscal and program 
records and reports required to be made to OCSE based on these records; 
and
    (vi) Development of cost allocation systems;
    (c) Establishment of paternity, including:
    (1) Establishment of paternity in accordance with Tribal codes or 
custom as outlined in the approved Tribal CSE program plan;
    (2) Reasonable attempts to determine the identity of a child's 
father, such as:
    (i) Investigation;
    (ii) Development of evidence including the use of genetic testing 
performed by accredited laboratories; and
    (iii) Pre-trial discovery;
    (3) Court or administrative or other actions to establish paternity 
pursuant to procedures established by Tribal codes or custom as outlined 
in the approved Tribal CSE program plan;
    (4) Identifying accredited laboratories that perform genetic tests 
(as appropriate); and
    (5) Referrals of cases to another Tribal CSE agency or to a State to 
establish paternity when appropriate;
    (d) Establishment, modification, and enforcement of support 
obligations including:
    (1) Investigation, development of evidence and, when appropriate, 
court or administrative actions;
    (2) Determination of the amount of the support obligation (including 
determination of income and allowable in-kind support under Tribal CSE 
guidelines, if appropriate);
    (3) Enforcement of a support obligation including those activities 
associated with collections and the enforcement of court orders, 
administrative orders, warrants, income withholding, criminal 
proceedings, and prosecution of fraud related to child support; and
    (4) Investigation and prosecution of fraud related to child and 
spousal support;
    (e) Collection and disbursement of support payments, including:
    (1) Establishment and operation of an effective system for making 
collections and identifying delinquent cases and collecting from them;
    (2) Referral of cases to another Tribal CSE agency or to a State CSE 
program for collection when appropriate; and
    (3) Making collections for another Tribal CSE program or for a State 
CSE program;
    (f) Establishment and operation of a Tribal Parent Locator Service 
(TPLS) or agreements for referral of cases to a State PLS, another 
Tribal PLS, or the Federal PLS for location purposes;
    (g) Activities related to requests to State CSE programs for 
certification of collection for Federal Income Tax Refund Offset;
    (h) Establishing and maintaining case records;
    (i) Planning, design, development, installation, enhancement, and 
operation of CSE computer systems;
    (j) Staffing and equipment that are directly related to operating a 
Tribal CSE program;
    (k) The portion of salaries and expenses of a Tribe's chief 
executive and staff that is directly attributable to

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managing and operating a Tribal CSE program;
    (l) The portion of salaries and expenses of Tribal judges and staff 
that is directly related to Tribal CSE program activities;
    (m) Service of process;
    (n) Training on a short-term basis that is directly related to 
operating a Tribal CSE program;
    (o) Costs associated with obtaining technical assistance that are 
directly related to operating a CSE program, from outside sources, 
including Tribes, Tribal organizations, State agencies, and private 
organizations, and costs associated with providing such technical 
assistance to public entities; and
    (p) Any other reasonable, necessary, and allocable costs with a 
direct correlation to a Tribal CSE program, consistent with the cost 
principles in OMB Circular A-87.