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This Notice of Proposed Rulemaking would promote equity in tribal IV-D programs by authorizing tribes to privatize particular child support services (which states are currently able to do), such as locating noncustodial parents, establishing paternity, or collecting support owed; ensure timely access to federal funding by extending the period for review and approval of tribal IV-D budget submissions from 60 days to 90 days; and lessen tribal IV-D program reporting burdens by reducing the number of Standard Form (SF) 425 report submissions required.

Statement of Need:

The annual tribal IV-D budget review process is complex and can result in a lengthy submission and resubmission process before a tribe’s budget is ultimately approved and federal funding is awarded. As the tribal child support program continues to grow and add additional programs, it will become increasingly challenging ACF to complete the budget review and approval process within the current 60-day review timeframe. The additional time will also benefit tribes who need to resubmit their budgets and may experience challenges or delays in the editing and resubmission of their tribal IV-D budgets. Increasing the review and approval timeframe from 60-days to 90-days will reduce the risk of federal child support funding not being available at the beginning of the federal fiscal year for tribes who may be experiencing such challenges. Changing submission requirements for the SF-425 report from quarterly to annual submissions will reduce the number of reports required from 8 reports to 2 reports per year and willsignificantly lessen the administrative burden on tribal programs. State IV-D programs have long been authorized to purchase child support services from private entities. A state may determine that contractors can provide high-quality services more cost-effectively, or have limited resources for additional in-house hiring, and elect to contract with the private sector to provide some or all local child support services. Tribal IV-D programs face even greater challenges in providing high-quality, cost-effective child support services, often in rural areas with limited resources, yet there are no parallel provisions in tribal IV-D regulations allowing tribes to purchase child support services from private entities. This proposed rule recognizes and redresses this inequity in federal regulation that serves as a barrier to equal opportunities for tribal IV-D programs. Codifying the tribes’ ability to purchase tribal child support services from private entities will expand the equitable opportunities available to tribal IV-D programs.

Summary of the Legal Basis:

This NPRM is published under the authority granted to the Secretary of Health and Human Services by section 455(f) of the Social Security Act (Act) (42 U.S.C. 655(f), as well as section 1102 of the Act (42 U.S.C. 1302).

Alternatives:

There are no satisfactory alternatives to publishing this NPRM. These changes cannot be made in sub-regulatory guidance.

Anticipated Costs and Benefits:

This NPRM imposes no costs on the Federal government, nor does it change funding amounts for Tribes. We anticipate benefits to tribal IV-D programs in ensuring timely access to federal funding, reducing administrative reporting burdens, and promoting equity and the expansion of available options for tribal IV-D program management.

Risks:

None.