1. 1 2009 CSDA Conference Working Effectively With Tribal Governments: Building New Traditions October 21, 2009

2. 2 Working Effectively With Tribal Governments: Building New Traditions Presenters: Allan Woodworth, Supervising Child Support Attorney Humboldt LCSA, allan.woodworth@co.humboldt.ca.us Christina Gamboa, Sr. Child Support Professional Staff Development & Training Fresno LCSA cgamboa@co.fresno.ca.us Lori Pahvitse, TANF Deputy Director Owens Valley Career Development Center (OVCDC) Tribal TANF Program lpahvitse@ovcdc.com Honorable Michelle Krieger, Associate Judge Hoopa Valley Tribal Court krieger.michelle@gmail.com

3. 3 Workshop Level Setting This presentation is not intended as an outline of “Indian” or “Tribal” law The terms Indian and Native American are used interchangeably in this presentation “Tribe” is used generically in reference to any specific Tribal Community Tribal TANF and IV-D policies and procedures are still developing in California and nationwide

4. 4 Workshop Overview Tribal governments are playing a larger role in providing services to their tribal community through federal programs Intergovernmental cooperation is necessary to ensuring the needs of state and tribal citizens are met Government-to-government relations are based on mutual recognition of sovereign governmental rights First step is to understand each Tribal governments unique history, traditions and laws Today’s panel will share their individual experiences in building new relations

5. 5 OVCDC Tribal TANF and Child Support Services – A Collaboration in Fresno County Christina Gamboa, Sr. Child Support Officer Fresno County DCSS Cgamboa@co.fresno.ca.us Lori Pahvitse, TANF Deputy Director Owens Valley Career Development Center (OVCDC) Tribal TANF Program lpahvitse@ovcdc.com

6. 6 Fresno County LCSA How it all began…

7. 7 Fresno County LCSA Forging a Relationship… Collaborative Meetings –Getting to know each program –Discuss exchange of information between programs –Began working to establish referral and information exchange process

8. 8 Fresno County LCSA Development of Referral Process –Policy and Procedure Guide –Fresno County LCSA Tribal TANF Procedure –In-Service Training for LCSA and Tribal TANF –Implementation in Fall 2008

9. 9 Fresno County LCSA Challenges Systems do not interface OVCDC CSE OVCDC CalWIN Service of legal documents Collecting child support

10. 10 Statistics Tribal TANF Referrals –135 referrals made to Fresno County LCSA Fresno County LCSA –Opened cases with court orders –Opened cases without court orders

11. 11 Tribal TANF- OVCDC Created in landmark welfare reform legislation of 1996 to fix a broken system – The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) For the first time in history, allowed Tribes or Tribal organizations to administer their own TANF programs specific to local tribal and Native American needs

12. 12 OVCDC Owens Valley Career Development Center Tribal organization started in 1977 based in Bishop, CA Governed by the Owens Valley Board of Trustees History of providing adult, vocational education, family literacy services Began Tribal TANF program in 2001

13. 13 OVCDC Tribal TANF Program Core Components Cash Assistance Program - Monthly cash assistance; supportive services; performance incentives; post employment retention services Prevention Program – Coordinate and fund activities for needy families focusing on traditional/cultural activities, art, music, sports, recreation, employment, and education

14. 14 Partnering with Fresno County LCSA MOU with Fresno County LCSA Child support referral process with DCSS

15. 15 Tribal TANF Challenges No guidance for referral process to child support Scheduled meetings to address concerns with child support Staff changes – had to start over

16. 16 Collaborative Meetings Provided orientations for Tribal TANF and DCSS staff Establish point of contact for programs

17. 17 Current Referral Process Workshop for Child Support staff Workshop for Tribal TANF staff

18. 18 Next Steps Strengthen partnerships Outreach to Tribal Councils Provide workshops to Native community

19. 19 Building New Traditions Honorable Michelle Krieger, Associate Judge Hoopa Valley Tribal Court krieger.michelle@gmail.co

20. 20 Tribal/State Relationship in General History of Distrust Despite previous barriers and/or challenges successful partnerships can be achieved The Child Support Enforcement program is an area where we can lead the way in establishing successful Cooperative Agreements

21. 21 Does your Local Tribe Issue or Enforce Child Support Orders? Have you seen child support orders issued by a Tribal Court? Tribal Court Clearinghouse lists Tribal Courts nationwide: http://www.tribal-institute.org/lists/justice.htm Check Tribe’s website

22. 22 Who is your Contact Person in Tribal Government? Do you already have a working relationship with someone in Tribal Government? If a Tribal Court exists, call the clerk and ask if the Judge is willing to meet with local child support enforcement personnel If necessary, seek assistance from a tribal member with whom you have already established a good working relationship; this relationship could be helpful in forging new relations with other Tribes

23. 23 What is the Tribe’s Child Support Law? Ask for a copy of the Tribal Child Support Code Some Tribes may have borrowed California provisions; other Tribe’s laws may be different than California law For example - Hoopa Valley Tribal Code is based on Washington State child support practices

24. 24 What do Both Sides Want in an Agreement ? What obligations or actions is each side agreeing to? For example: Hoopa Valley Tribe/Humboldt County Agreement describes how modification of Tribal Court support orders will be handled Is there a clear communication channel established between the Tribe and the LCSA? Historically, Tribes were oral cultures and talking through issues may be more productive than sending letters/e-mail

25. 25 Tribal/State Agreement Process Ask for an explanation of the Tribal approval process Who will sign the agreement on behalf of the Tribe? How long does Tribal review process typically take? Would it be helpful for you to meet with the Tribal Council? Explain the State approval process Who will sign the agreement & timeline estimate?

26. 26 Tribal Child Support Orders Federal guidelines for Tribal child support orders are different than for Title IV-D agencies In-Kind Services: If a dollar value is not attached to a Tribal Court in-kind services order, request the Tribal Court assign a dollar value Medical Support Order: If there is not a health care provision on the Tribal Court order, request the Tribal Court add the terms to the order

27. 27 One LCSA’s Perspective on LCSA/Tribal Procedures Allan Woodworth, Supervising Child Support Attorney Humboldt LCSA allan.woodworth@co.humboldt.ca.us

28. 28 IDENTIFY Identify Tribes, Tribal Courts, and any Tribal TANF organizations that are in or overlap your county’s borders In Humboldt County, we have 9 individual Tribes in 9 different locations, 2 Tribal Family Courts, and 4 Tribal TANF organizations

29. 29 FAMILIARIZE Familiarize yourself with each Tribe’s history, culture, government, court, etc If available, visit each Tribe’s website

30. 30 INTRODUCE Introduce yourself and your agency to the Tribe In Humboldt County, we have given presentations to Tribal Councils and have had meetings with Tribal Court Judges and their staff as well as with Tribal TANF organizations

31. 31 DESIGNATE Designate a specific individual to serve as a local tribal liaison with the Tribe/Tribal Court/Tribal TANF/Tribal employer This designated tribal liaison will also coordinate a contact list for all Tribal agencies

32. 32 THINK… INTERGOVERNMENTAL - NOT INTERSTATE Tribes are sovereign entities Procedures, agreements, and policies will vary from Tribe to Tribe Need to be flexible at the local level – each Tribe is unique unto itself

33. 33 EDUCATE Review federal and State regulations regarding Tribal TANF, Tribal IV-D, and Tribal Codes regarding child support issues. Good sources include: CSDA Attorney Sourcebook/Tribal/Child Support Procedures OCSE Publication – Tribal and State jurisdiction to establish and enforce child support Materials provided with this presentation http://tribaltanf.cdss.ca.gov OCSE (http://www.acf.hhs.gov/programs/cse): Tribal Child Support, Tribal IV-D, Tribal TANF, State/Tribal Systemshttp://www.acf.hhs.gov/programs/cse

34. 34 DEVELOP Develop Cooperative Agreements with Tribes and Tribal Courts; develop office policies and procedures to implement the Agreements Tribal Court support orders are the same as any other court order and are entitled to full faith and credit and retain Continuing Exclusive Jurisdiction If a Tribal order you are enforcing requires a modification, a Notice of Motion for Modification will need to be filed in the Tribal Court

35. 35 DEVELOP If the case is Tribal TANF and Medi-Cal, you will either have a Medically Needy Only (MNO) or Non IV-A/Title XIX case. You are still required to establish and enforce the appropriate order; the ongoing portion of the case will be treated as Non IV-A Currently in California, no Tribal TANF organization recoup Tribal TANF grants

36. 36 CONTINUE Continue to work on building relationships with the Tribes, Tribal Courts, Tribal TANF Administrators, and Tribal IV-D, if it exists

37. 37 Roundtable Discussion Q & A