16.A Inter-Jursidctional Issues


Appendix 16.A – Inter-Jurisdictional Determinations 

Purpose:

The Northern Arapaho Tribe strives to strengthen its sovereignty by exerting its maximum personal jurisdiction over its members.  The Wyoming CSE Program acknowledges and supports the sovereignty of the Northern Arapaho Tribe.  The Northern Arapaho Child Support Program (NACSP) has a duty to ensure effective and efficient IV-D services for Tribal children.  Similarly, the Wyoming CSE Program has a duty to ensure effective and efficient IV-D services for Wyoming’s children.

The Joint Policy Interpretation and Direction (JPID) provides guidance on how each program can make jurisdictional determinations to ensure the IV-D Program that can best provide services for a child has primary responsibility for the case.

Cases best served by Northern Arapaho Child Support Program.

1. All three parties (mother, father and child) are Tribal members residing with the exterior boundaries of the Wind River Indian Reservation (WRIR).

2. All three parties are Tribal members, and one or more of the parties is residing within 50 miles of the WRIR.

3. The child and one of the parents are Tribal members, and all three parties reside within the exterior boundaries of the WRIR.

4. The child and one of the parents are Tribal members residing within the exterior boundaries of the WRIR.

Cases where the State or another State’s IV-D Program may provide better services.

(If a party that is not subject to the jurisdiction of the Tribe voluntarily submits to the jurisdiction of the Tribe, NACSP may work the case.  The reverse is true if a party voluntarily submits to the jurisdiction of the State.)

1. All three parties (mother, father and child) are Tribal members but the child and the custodial parent live outside the State of Wyoming.

2. All three parties are Tribal members but all the parties live more than 50 miles from the exterior boundaries of the WRIR, and none of the parties are employed by the Tribe.

a. If one of the parents is employed by the Tribe, NACSP may take the case.

3. The child and the custodial parent are not Tribal members, they do not reside within the exterior boundaries of the WRIR, and the non-custodial parent Tribal member does not live within 50 miles of the exterior boundaries of the WRIR and is not employed by the Tribe.

4. The child and the custodial parent are not Tribal members, they do not reside within the exterior boundaries of the WRIR, and the non-custodial parent Tribal member lives within 50 miles of the exterior boundaries of the WRIR but is not employed by the Tribe.

5. The child and the custodial parent are Tribal members, the non-custodial parent is not a Tribal member, does not live within the exterior boundaries of the WRIR and is not employed by the Tribe.

Cases best served by the State of Wyoming Child Support Enforcement Program.

1. None of the parties (mother, father or child) is a Tribal member, none of the parties live within the exterior boundaries of the WRIR, and none of the parties is employed by the Tribe.

2. Only one party is a Tribal member, but does not live within 50 miles of the exterior boundaries of the WRIR and is not employed by the Tribe.

3. None of the parties is a Tribal member, none of the parties work for the Tribe, and all three parties live within the legal boundaries of a State municipality that is located within the exterior boundaries of the WRIR.

Caseworker Directions:

(See Appendix 16.C – IV-D Contact and Referral Information)

Status of the Parties

1. Determine Tribal membership for all three parties (mother, father and child).

2. Determine residency for all three parties.

3. Determine if the Tribe employs any party.

4. Determine the Category of the case as set out above.  (Category will be A, B or C).

Category A Cases

1. If the case is Category A, NACSP procedures will apply.

2. State CSE staff members will complete the appropriate referral form to the NACSP.

3. Follow-up with the Tribal IV-D Program and parent as necessary.

Category B Cases

1. For clarification about jurisdictional status, NACSP staff members refer to the NACSP Attorney and/or NACSP Director.  State CSE Program staff members refer to the in-office attorney or manager.

2. For clarification on providing efficient IV-D program services, NACSP staff members refer to the IV-D Program Director.  State CSE Program staff members refer to the local office manager.

3. As appropriate, refer for case staffing based on delivery of Tribal or State services that best support the stability of the child and self-sufficiency for the child and their families.

Category C Cases

1. If the case is Category C, State CSE procedures will apply.

2. NACSP staff members will complete the appropriate referral form to the State.

3. Follow-up with the State IV-D Program and parent as necessary.