HHS rule to support Tribal child support programs

Photo: John Baggaley/Getty Images

The U.S. Department of Health and Human Services (HHS), through the Administration for Children and Families (ACF), has released a final rule eliminating cost-sharing requirement for Tribal child support programs, consistent with President Biden's recent executive order to more effectively support tribal governments.

The rule, HHS said, "cuts red tape" and improves the flexibility and accessibility of federal funding so that tribes can grow their economies and provide their citizens with services.

"These changes will make it easier and less expensive for Tribal community-run child support programs to meet the needs of their communities," said HHS Secretary Xavier Becerra. "It's part of what it means to honor Tribal sovereignty and the trust relationship between the federal government and Tribal Nations – cutting red tape and eliminating barriers for Tribes governments to serve their people."

WHAT'S THE IMPACT?

Tribal governments have fewer revenue-generating options than state governments, and they have consistently shared that the nonfederal share requirement is a burden to operating their own child support programs, HHS said.

Of the 574 federally recognized tribes in the U.S., only 61 operate tribal child support programs.

Tribes have shown success operating their own programs. In 2022 tribal child support programs collected $51 million in child support payments, including $10 million collected on behalf of another tribe, state or country. Of Native American children in tribal areas with child support programs, 53% live in single-parent families.

The agency said the rule also promotes equity and honors tribal sovereignty – part of the "trust doctrine" between the federal government and tribal nations, which is meant to ensure the survival and welfare of various tribes and their people.

"This includes an obligation to provide those services required to protect and enhance Tribal lands, resources and self-government, and includes those economic and social programs necessary to raise the standard of living and social well-being of Native people," HHS said.

THE LARGER TREND

ACF Acting Assistant Secretary Jeff Hild said the administration recognizes tribal sovereignty and is committed to strengthening the government-to-government relationships with tribes.

"This rule makes it easier for Tribes to serve their children and families through their programs that are consistent with their history, values, and cultures," he said.

ACF Office of Child Support Services Commissioner Tanguler Gray said they've heard tribal feedback "loud and clear," and are doing what they can to reduce unnecessary burdens.

"This rule does just that, and will make it easier for existing and new Tribal child support programs to access funding they need to improve outcomes for children and families," said Gray.

ON THE RECORD

"I'm proud of our Tribal partnerships and how this rule works to improve equity and reduce systemic barriers to services," said ACF Administration for Native Americans Commissioner and Deputy Assistant Secretary for Native American Affairs Patrice H. Kunesh. "The Administration for Children and Families will continue to support social and economic development in a manner that provides Tribal Nations with the greatest possible self-determination."
 

Jeff Lagasse is editor of Healthcare Finance News.
Email: jlagasse@himss.org
Healthcare Finance News is a HIMSS Media publication.