Tribal Case Transfers
Anna L. Maves, Senior Attorney, Judicial Council
Denise H. Bareilles, Attorney/Manager, YCSS
Vickie K. Contreras, Deputy Director, DCSS
Transfer of Title IV-D Cases to a Tribal Court
Background
■ Tribes officially became part of the Child Support
Enforcement program with the passage of welfare reform in
1996. Personal Responsibility and Work Opportunity
Reconciliation Act(PRWORA).
■ PRWORA allowed tribes to join in the IV-D program &
authorized the operation of tribal CSE programs and tribal
cooperative agreements with state IV-D agencies.
■ More than 50 tribes currently operate tribal child support
programs throughout the United States.
■ In 2014 the Yurok tribe became the first tribe located in
California to achieve comprehensive program status—
providing child support services that meet the requirements
of 45 CFR 309.
Transfer of Title IV-D Cases to a Tribal Court
Concurrent Jurisdiction
■ The issue of concurrent jurisdiction between state and tribal
courts is governed by statutes and case law.
■ Congress enacted PL 280 in 1953 that extended to 6 states
(including California) state jurisdiction over many crime and
some civil matters when the cause of action arose in Indian
country.
■ While extending state jurisdiction in specified areas, it did not
diminish any inherent tribal court jurisdiction.
■ Federal courts have specifically found that tribal courts have
concurrent jurisdiction over domestic relations actions as long
as they are willing to assume jurisdiction.
■ Full Faith and Credit for Child Support Orders mandates full
faith and credit for child support orders between tribal or state
courts.
Transfer of Title IV-D Cases to a Tribal Court
California Rule of Court Rule 5.372
■ Purpose of the rule was to define procedures for the
transfer of title IV-D court cases from California
Superior Court to a Tribal Court.
■ Models used in developing case transfer rule
■ Who can request a transfer of the case?
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LCSA or Tribal CSA
Non-custodial parent
Custodial parent
■ Notice of Intent to Transfer
■ Response to Notice of Intent (consent/objections/no
response to transfer)
Transfer of Title IV-D Cases to a Tribal Court
California Rule of Court Rule 5.372
■ A court order is required for the transfer
■ Determination of Concurrent Jurisdiction
■ Evidentiary considerations
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Nature of the action
Interests of the parties
Identities of the parties
Convenience of the parties and witnesses
Whether state or tribal law will apply
The remedies available in state or tribal court
Any other factors deemed necessary by the superior court
■ Formal Order After Hearing
■ Post-hearing processes for transfer
Transfer of Title IV-D Cases to a Tribal Court
Case Transfer of Filed Superior Court Actions
■ Yurok Child Support Services provided list of tribal members and
DCSS identified IV-D cases associated to those tribal members
■ Yurok Child Support Services verified tribal membership of the IVD case participants and cases where YCSS has jurisdiction over
case participants
■ Aside from the initial listing of tribal members, the verification forms
will be used to verify tribal membership(s) and existence of any
CSE case(s) on an ongoing basis
■ DCSS flags the case as a “DCSS Managed Tribal IV-D Case”
when eligible for case transfer
■ Yurok Child Support Services sends “Notice of Intent to Request
Case Transfer” form to CP and NCP
✷ CP and NCP have 20 calendar days to respond
Transfer of Title IV-D Cases to a Tribal Court
The transfer form must include the following:
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Intent to transfer child support court case from the Superior Court to the Yurok
Tribal Court based on the tribe's concurrent jurisdiction over the matter.
Notice that the transfer will include related child custody and placement issues
related to the child support matter.
Copy of the Rule of Court, that outlines factors the court will consider if the
participants object to the transfer.
Participants right to object in writing and request hearing within 20 calendar
days of the date of the Notice
Blank “Response To Case Transfer" requiring:
✷ Consent or the reason(s) for objection
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Information on any related cases that are filed in Yurok Tribal Court
involving the same participants or the case participants' minor children
Proof of Service (FL-686) prepared per Family Code §17212, listing all
documents served
Transfer of Title IV-D Cases to a Tribal Court
Responsibilities of the Child Support Agencies
■ DCSS coordinates with the LCSAs in filing of the Notice of
Motion
■ LCSAs will:
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Prepare, file, and serve Notice of Motion on case participants
• Communicate to DCSS when actions are completed
• DCSS provides copy of the documents to Yurok Child Support
Services
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Attend the hearing
Prepare the final disposition of the transfer hearing
• Communicate to DCSS the hearing outcome
• DCSS communicates to Yurok Child Support Services outcome
Transfer of Title IV-D Cases to a Tribal Court
Superior Court Process
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A motion requesting the case transfer must be filed in state court in any case that will
be proceeding with the transfer process in order to properly put the issue of case
transfer before the court and obtain an order for case transfer
A hearing is not scheduled when:
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A hearing is scheduled when:
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Both CP and NCP object
Notices returned undeliverable
Either the CP or NCP object to the transfer
Timeframe of 20 calendar days have elapsed and no response from either party
and no notices returned as undeliverable
Both parties consent to the transfer but matter may proceed as uncontested
Yurok Child Support Services must provide the following to DCSS:
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Copy of Transfer Notice served on each case participant
Any completed “Response to Case Transfer"
Original redacted Proof of Service for filing with the court
Original unredacted Proof of Service for LCSA records
Transfer of Title IV-D Cases to a Tribal Court
Procedure After Order Granting Transfer
■ Superior Court will send the following packet to
Yurok Tribal Court Clerk via e-mail:
Order for Request for Case Transfer
✷ Electronic PDF of entire family law/child support court
file, including all orders and pleadings
✷ Clerk’s Certificate of authenticated copy
■ Yurok Tribal Court Clerk sends an Acknowledgement of
Receipt form back to the Superior Court
■ Yurok Tribal Court is in the process of developing an email site capable of receiving the Superior Court files.
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State DCSS Tribal Case Transfer Process
Memorandum of Understanding signed by YCSS and
DCSS on 11/12/2014
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DCSS Tribal Case Manager (TCM) established
Manages shared and transferring cases
Works directly with LCSAs and YCSS
YCSS & DCSS will work cooperatively to provide full
range of child support services:
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Locate custodial (CP) & noncustodial parents (NCP)
and their assets
Establish paternity
Establish and enforce child support orders
State DCSS Tribal Case Transfer Process
YCSS has not adopted the Uniform Interstate
Family Support Act (UIFSA)
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They have agreed to utilize some forms and
procedures recognized under UIFSA
YCSS will not be using CSENet
YCSS & DCSS acknowledge the requirements of
the Full Faith and Credit for Child Support Orders
Act (FFCCSOA)
DCSS/YCSS acknowledge inherent jurisdiction
per P.L. 280
State DCSS Tribal Case Transfer Process
Types of Cases
Non-Shared Case
Case that DCSS has no interest in
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CP or children have never received public
assistance
Formerly Assisted (FA) cases where public
assistance has been recouped and remaining
obligations are payable to the family
IV-D case is closed when YCSS notifies DCSS
that the case transfer is complete
State DCSS Tribal Case Transfer Process
Shared Case
Both DCSS and YCSS have a mutual interest in the case
✷ One or more participants are tribal members or are
eligible for tribal enrollment
✷ A case that is either Currently Assisted (CA) or FA with
Permanently Assigned Arrears (PAA) owed to the state
DCSS is responsible to recoup public assistance
✷ Usual distribution hierarchy applies
IV-D case remains open in CSE
✷ Case becomes Non-Shared when public assistance is
recouped
✷ Case closes
State DCSS Tribal Case Transfer Process
For shared cases only:
YCSS
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Will send payments to CA SDU
Payments are sent via check within 10 business days
Will generate a billing notice to NCP
DCSS
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Distributes the following payments:
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Disregard to CP
Current to CP
Recoup public assistance
In excess of UAP to the CP
Sends the Collection and Distribution Notice to CP
Refunds amounts over NCPs court ordered obligation to YCSS
YCSS Case Transfer Process
Yurok Child Support Services - Case Management
■ Contact parties to follow up with case
■ Case management
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Income withholding order (judicial process
Reservation Employers
Fishing Income (Fish buyers)
Custody/Support – Review and reassess order if
necessary
Case manage disbursement payments
Contact nearby tribes for assistance (members work
for near by tribes
Yurok Family Centered Services (Tribal Innov. Grant)
Intergovernmental Request
Intergovernmental Request
Service of an Income Withholding Order
LCSA has an existing child support order
LCSA will request YCSS to serve the IWO
LCSA will provide the following documents to YCSS:
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A letter of transmittal requesting service/enforcement
of IWO via T1
Certified copies of all support and paternity orders
Sworn or certified statement of arrears
Name of NCP, address, social security number, and
employment information available in accordance with
Federal and State law
Intergovernmental Request
Upon receipt of the package from the LCSA, YCSS will review for
accuracy and perform the following:
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Acknowledge receipt of documents and advise LCSA if further
information is needed
May redact additional information
Register and enforce foreign child support order through the
Yurok Tribal Court (judicial process)
Issue a YCSS IWO and send to the appropriate Yurok payroll
department
Foreign IWOs are not acknowledged by the Yurok payroll
department. They must be forwarded to YCSS for processing.
Tribal payroll department withholds wages and sends to CA SDU
within 10 business days
DCSS TCM will facilitate the process as needed
Intergovernmental Request
Discovery
LCSAs have an open case in CSE and need information to
establish or enforce a support order against the NCP
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Resides on/off the reservation
May work for the Yurok Tribe or Yurok Tribal enterprise
May have other sources of income the Yurok Tribe is aware of,
which may be attached for child support purposes
May have health insurance coverage available or child
qualifies for Indian Health Services
If it is a no legal action pending case then an IG request to
YCSS to establish and enforce order (concurrent jurisdiction)
DCSS will case manage with YCSS to ensure appropriate
enforcement remedies are in place, i.e., tax intercepts,
disability and unemployment intercepts.
Intergovernmental Request
LCSAs will:
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Submit UIFSA T3 to YCSS requesting assistance
• Income/Employment; Genetic Testing; Service of Process
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Attach CSE Wage & Insurance Verification, Income & Expense
Declaration, Health Insurance Verification or other relevant documents
Image all supporting documents not already in CSE and enter an
Activity Log into CSE
YCSS will:
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Acknowledge receipt of documents and advise the LCSA if further
information is needed
May redact additional information
Have employer complete the verification form, or comparable form,
and return to YCSS
Send the completed documents directly to the LCSA
DCSS Tribal Case Manager will facilitate the process as needed
[email protected]
[email protected]
[email protected]
QUESTIONS?