[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: 45CFR310.65]

[Page 324-325]
 
                        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. 310.65  What must a Tribe or Tribal organization include in a Tribal 
CSE plan in order to demonstrate capacity to operate a Tribal CSE program?

    (a) A Tribe or Tribal organization demonstrates capacity to operate 
a Tribal CSE program meeting the objectives of title IV-D of the Act by 
submission of a Tribal CSE plan which meets the requirements listed in 
paragraphs (a)(1) through (14) of this section:
    (1) Describes the population subject to the jurisdiction of the 
Tribal court or administrative agency for child support purposes as 
specified under Sec. 310.70;
    (2) Evidence that the Tribe or Tribal organization has in place 
procedures for accepting all applications for CSE services and providing 
appropriate CSE services, including referral to appropriate agencies;
    (3) Assurance that the due process rights of the individuals 
involved will be protected in all activities of the Tribal CSE program, 
including establishment of paternity, and establishment, modification, 
and enforcement of support orders;
    (4) Administrative and management procedures as specified under 
Sec. 310.75;
    (5) Safeguarding procedures as specified under Sec. 310.80;
    (6) Assurance that the Tribe or Tribal organization will maintain 
records as specified under Sec. 310.85;

[[Page 325]]

    (7) Copies of all applicable Tribal laws and regulations as 
specified under Sec. 310.90;
    (8) Procedures for the location of noncustodial parents as specified 
under Sec. 310.95;
    (9) Procedures for the establishment of paternity as specified under 
Sec. 310.100;
    (10) Guidelines for the establishment and modification of child 
support obligations as specified under Sec. 310.105;
    (11) Procedures for income withholding as specified under Sec. 
310.110;
    (12) Procedures for the distribution of child support collections as 
specified under Sec. 310.115;
    (13) Procedures for intergovernmental case processing as specified 
under Sec. 310.120; and
    (14) Reasonable performance targets for paternity establishment, 
support order establishment, amount of current support to be collected, 
and amount of past due support to be collected.
    (b)-(c) [Reserved]
    (d) No later than two years from the implementation of a Tribal CSE 
program meeting the requirements specified in paragraph (a) of this 
section, or no later than two years after the Secretary or designee 
issues guidance outlining the necessary procedures to comply with 
paragraphs (d)(1) through (5) of this section, whichever is later, a 
Tribal CSE plan must include the following:
    (1) Procedures for requiring employers operating in the jurisdiction 
of the Tribe to report information about newly hired employees to the 
Tribal CSE agency in accordance with instructions issued by the 
Secretary or designee;
    (2) Procedures for requiring employers operating in the jurisdiction 
of the Tribe to report wage information on a quarterly basis to the 
Tribal CSE agency in accordance with instructions issued by the 
Secretary or designee;
    (3) Procedures under which the Tribal CSE agency reports new hire 
and quarterly wage information to the National Directory of New Hires in 
accordance with instructions issued by the Secretary or designee;
    (4) Procedures under which the Tribal CSE agency submits CSE cases 
to the Federal Case Registry in accordance with instructions issued by 
the Secretary or designee; and
    (5) Procedures for submitting CSE cases to the Federal Income Tax 
Refund Offset Program in accordance with instructions issued by the 
Secretary or designee.
    (e) In the CSE plan included in its initial application and in any 
plan amendment submitted as a new plan, a Tribe or Tribal organization 
must certify that, as of the date the plan or plan amendment is 
submitted to the Department, there are at least 100 children under the 
age of majority as defined by Tribal law or code, in the population of 
the Tribe, or of the Tribe(s) authorizing the Tribal organization to 
operate a CSE program on their behalf, that is subject to the 
jurisdiction of the Tribal court (or courts) or administrative agency 
(or agencies).