16.A Inter-Jursidctional Issues
Appendix 16.A – Inter-Jurisdictional Determinations
Appendix 16.A – Inter-Jurisdictional Determinations
Purpose:
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 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.
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.
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).
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.
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.
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.
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.
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.)
(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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
Caseworker Directions:
Status of the Parties
Status of the Parties
1. Determine Tribal membership for all three parties (mother, father and child).
1. Determine Tribal membership for all three parties (mother, father and child).
2. Determine residency for all three parties.
2. Determine residency for all three parties.
3. Determine if the Tribe employs any party.
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).
4. Determine the Category of the case as set out above. (Category will be A, B or C).
Category A Cases
Category A Cases
1. If the case is Category A, NACSP procedures will apply.
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.
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.
3. Follow-up with the Tribal IV-D Program and parent as necessary.
Category B Cases
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.
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.
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.
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
Category C Cases
1. If the case is Category C, State CSE procedures will apply.
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.
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.
3. Follow-up with the State IV-D Program and parent as necessary.