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April 2024 CSQ

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in intergovernmental cases on behalf of another Tribe, state, or country.<br />

With 53 percent of Native American children in Tribal areas with programs<br />

living in single-parent families, there is a compelling need for Tribal child<br />

support programs.<br />

Yet there are only 61 Tribes currently<br />

operating a child support program, a small<br />

percentage of the 574 federally recognized<br />

Tribes in the United States. The main<br />

barrier to greater participation is the 80-20<br />

and 90-10 cost sharing rates between<br />

Tribes and federal government. Because<br />

Tribal governments have fewer revenue-generating options than state<br />

governments, the match often requires Tribes to choose between allocating<br />

scarce resources to provide critical services, or develop and operate a child<br />

support program. OCSS issued an NPRM on <strong>April</strong> 21, 2023, to address this<br />

problem and NCSEA filed comments in support of eliminating cost sharing<br />

entirely.<br />

On February 12, <strong>2024</strong>, OCSS<br />

announced a final rule that<br />

eliminated the burdensome cost<br />

sharing requirement for Tribal child<br />

support programs. See 89 Fed.<br />

Reg. 9784, Elimination of the Tribal<br />

Non-Federal Share Requirement.<br />

The change will take effect later this<br />

year on October 1, <strong>2024</strong>.<br />

As explained by Health and Human<br />

Services Secretary Xavier Becerra, the change will “make it easier and less<br />

expensive for Tribal community-run child support programs to meet the<br />

needs of their communities.” OCSS Commissioner Tanguler Gray praised<br />

the final rule stating: “We’ve heard their feedback loud and clear, and are<br />

doing what we can to remove unnecessary burdens to operating their own<br />

programs. This rule does just that, and will make it easier for existing and<br />

new Tribal child support programs to access funding they need to improve<br />

outcomes for children and families.”<br />

The final rule also was intended to promote equity and aims to honor Tribal<br />

sovereignty. To further the survival and welfare of Indian Tribes and people,<br />

the final rule reiterates the federal commitment to provide services needed

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