9.08.140 Creation of Tribal Child Support Enforcement Unit

(a) Purpose. There shall be created an entity called the Turtle Mountain Child Support Enforcement Unit, which shall have the authority to operate a child support enforcement program in compliance with the Turtle Mountain Child Support Enforcement Act. Said entity shall have the following authority:

(1) To apply to any state child support enforcement program for a cooperative agreement or to any federal agency for direct funding to operate a tribal child support enforcement program in compliance with the Turtle Mountain Child Support Enforcement Act. Any agreement reached shall be subject to final approval by the Tribal Council;

(2) To accept an assignment of child support from any custodial parent or other guardian, including a tribal child protection or foster care program, of any child receiving TANF or foster care assistance either from a tribal or state agency, or from any other custodial parent wishing to receive assistance from the tribal child support enforcement unit;

(3) To file actions in the Tribal Court on behalf of any custodial parent or child owed child support from a non-custodial parent located either on or off the reservation;

(4) To charge a nominal fee, not to exceed $10.00, from any custodial parent not receiving TANF or any other form of state or tribal assistance who applies for services from the Unit;

(5) To work cooperatively with the Tribal Court and Judicial Board in developing appropriate procedures for the filing of paternity actions and support actions in the tribal court, including complying with any federal regulations regarding timelines for the filing of actions and the disbursement of monies received, for the referral of tribal court judgments for child support to other state and federal agencies for collection efforts, and for the expenditure of any monies received by the Tribe for the collection of child support either from a state through a cooperative agreement or directly from the federal government.

(b) Location of Said Unit. The Tribal Child Support Collection Unit shall be housed in the office of the Tribal Prosecutor at the Tribal Court or at the Tribe's Department of Child Protection Services.