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ACF Tribal consultation 9/16/2019

Good afternoon, 

I wanted to give you information as soon as possible about the upcoming ACF Tribal Consultation. We received information verbally that tribal child support will be on the agenda.  This is in response to the letters written to Secretary Azar requesting consultation on the non-federal share amount.  

 
We do not have a hard copy of the agenda yet, but it will be forthcoming from ANA very soon. We will forward that information out through our listserv upon receipt. 
 
If any programs wish to attend the consultation and do not have sufficient funds to reallocate within the 10% limits or need additional funds for this travel, we’re ready to receive and quickly review any budget revision requests. 
 
This website does have additional information: https://www.acf.hhs.gov/ana/2019-acf-tribal-consultation?utm_medium=rss
 
Please feel free to pass this information along to the directors. We will issue formal notice as soon as it is received. 
 
Please let Monica or I know if you have any questions. 
Melissa

Melissa Johnson

Director, Division of Regional Operations
Office of Child Support Enforcement
Administration for Children and Families, U.S. Department of Health and Human Services 
601 E. 12th Street, Room 349, Kansas City, MO 64106
 
 
Documents Attached:
 
Links:
 
 
Testimony can be sent to (deadline October 15, 2019)
 

21 Responses

  1. I don’t think I will be traveling but I forwarded to my tribal council for review and to see if any of them are attending. I have not even seen any invitation for this yet.

  2. i will plan on attending. I think it is important that we be present to back up what we have been pushing for. I do know one of our council members will be in attendance as well.

  3. Delaware Tribe of Indians is planning to send at least two individuals. Looking like it will be myself and either our tribal manager or Mr. Curtis Zunigha.

  4. From: ACF Tribal directory on behalf of McGill, Ann M (ACF)
    Sent: Friday, August 2, 2019 12:58 PM
    To: TRIBAL-DIRECTORY@LIST.NIH.GOV
    Subject: OCSE: Announcing the ACF Tribal Consultation – Sept 16

    Dear Tribal Child Support Directors,

    The 2019 ACF Tribal Consultation will be held on Monday, September 16, 2019 at the Pechanga Resort & Casino in Temecula, California. The Administration for Native Americans (ANA) sent the attached Dear Tribal Leader Letter on July 31, 2019, containing details including a registration link, how to submit testimony, and how to participate in the consultation planning calls. We’ve also attached the tribal fact sheets mentioned in the letter.

    As the Dear Tribal Leader Letter states, Tribal Child Support is one of the topics to be discussed at the 2019 ACF Tribal Consultation. Please be sure to register for the consultation if you plan to attend. If you do not have sufficient travel funds in your FY 2019 grant award to reallocate within the 10% limits or need additional funds for this travel, OCSE can help you request a budget revision for FY 2019. Please reach out to your Regional Program Specialist for assistance.

    Also attached is a copy of the ACF Tribal Consultation Policy. A few tribal child support directors requested a copy. This policy can also be found on the ANA website, https://www.acf.hhs.gov/ana/resource/tribal-consultation-report-0

    Thank you,

    Scott Lekan

    Commissioner

  5. Northern Arapaho will send our Chairman and likely director or attorney. Please see our separate post about Fair Market Value of Rent to see if you could contribute to our efforts to push that issue through the consultation or otherwise.

  6. Sisseton-Wahpeton will be sending our Tribal Secretary to the consultation. I’ve provided her with the information regarding the match and the rent/lease costs.

  7. Good Morning Director’s,
    What is the latest news for the tribal child support consultation happening September 16 in CA? All tribes sending a person? Any Tribe making presentation?
    Thanks Pam

  8. I will be attending the Consultation as well and hopefully I will have a council member with me. We will be providing testimony which is due on September 6. I think it’s important that we can get as many Tribes together to send similar message and have a united front on what we are doing. I’m currently compiling a list of Tribe planning on attending and or plan on providing Testimony but can’t attend. So if you plan on attending will you reply on this thread or email me @mtran@pgst.nsn.us.

  9. Dear colleagues,

    The Administration for Children and Families (ACF) is planning Annual Tribal Consultation meeting for Monday, September 16, 2019, in Temecula, California. The session will take place at the Pechanga Resort and Casino’s Grand Ballroom East room. More information about registration and the meeting site will be posted here: https://www.acf.hhs.gov/ana/2019-acf-tribal-consultation.
    NIHB is having their annual event during that week and are holding their Consultation a day before everything happens with NIHB.

    OCSE is on the consultation agenda as 3 tribes have requested consultation on 2 topics: the NFS and rent. OCSE added the budget process topic. Tribes can submit testimony on these topics prior to the consultation date, during the consultation (oral testimony) or post-consultation. Tribes can provide testimony that supports their position on any of these topics. OCSE will read and listen to all testimony. .

    As for next steps post-consultation, OCSE is not sure. No decisions have been made at this time.
    This is very concerning to me. The Federal Departments involved would like to change regulations, which will include federal set performance standards, match based on incentives and performance, a budget process that would limit or remove the flexibility we have at this time. Unfortunately if the regulations are opened the progress we have made with the OCSE office, with rental and waivers, may be lost.

    The Wisconsin Tribal Child Support Programs met this past Tuesday, and agreed to have a unified voice in a letter from our Tribal Leaders similar to the following draft:

    The __(Tribe)___ recently became aware that an agenda for the HHS consultation on September 16, 2019 in Temecula California includes the topic of Non-Federal Match for tribal child support programs. We understand individual alternatives are available and hereby do not need review. We have therefore decided to submit this written testimony to (clarify/make known/present) our position on this.
    We are requesting (no consultation/that this is not consultation) at this time. We need time to (consult among/caucus) within our own tribal leadership.
    We further wish to express our desire to conduct internal Tribal meetings to allow the multiple layers of this complicated issue to be considered before ACF proceeds with an issue of this magnitude. The substantial negative effects on the majority of tribes outweighs the potential benefit to any one tribe.
    We cannot consider this (proper/appropriate) consultation on this issue without (enough time/proper notice/appropriate notice) for each Tribe to meet among themselves and the meet with each other about an issue so complicated in nature.

    For those attending the consultation, can we meet Sunday late afternoon or early evening?
    Sue,

  10. Dear Directors –

    We want to reach out to clarify that the Fair Market Value of Rent as match issue does NOT involve opening the regs. The 2016 OCSE policy change is incorrect and improper and can be resolved simply by walking back the policy or issuing a new policy interpretation. Please contact us if you would like to see our analysis and/or if you would like to support the argument as a tribe who lost value as a result of the 2016 change.

    We look forward to seeing many of you at the consultation and will be happy to meet early.

    Karen and Kate

  11. Hello fellow Directors, I just received approval yesterday to move forward on attending the upcoming consultation but due to our Nation recently just swearing in our new administrative leadership, I am uncertain at this time who our tribal leadership representation may be. I did want to ask if anyone listened into the planning committees or seen a final agenda yet? Thank you!

  12. Port Gamble S’Klallam Tribe will be attending. Our Reservation attorney Gina Steiner and myself and hopefully our council member. We will be providing written testimony and will share once we have it done.

  13. Good Morning~ For those attending the Tribal Consultation Sept 16, I’m working on getting us a meeting space for a brief get-together the night before. This would be to discuss the next day’s consultation and share any last-minute information, etc.

    Since the meeting space needs to be free and hold around 50 people, I may or may not be successful. Any tips/advice are welcomed. I’ll keep everyone informed of how it goes!

  14. Hello Malinda,
    Sue Smith and I were trying to secure a meeting space as well. Sue was unable to secure a space so if you can, that would be great. We were hoping to meet Sunday maybe about 5:00pm if that is possible. We wanted to meet for anybody who is doing verbal testimony. It sounds like many tribes are submitting their testimony ahead of time and that is due by September 6. I feel like we should have even done a conference call before Tribes submit their written testimony so I am not sure if people can coordinate that but that would be helpful. My e-mail is awendela.dana@penobscotnation.org. Please contact me if you need help with anything. I am not sure we can secure free meeting space so my thought was to just meet in the lobby area or meet at one of the restaurants but that will be tough with 50 people.

  15. Port Gamble S’Klallam Tribe will be sending our Chairman and myself. We provide written and oral testimony.

    OCSE is finally listening to the Tribes and providing Consultation. At our last NATCSD directors meeting in April in Tulsa, OK. We debated on whether to send a letter from NATCSD asking that the match be reduced to 10%. At that meeting, I raised concerns that if we asked for the reduction of the match that the regulations could be opened, we weighed the risks and went forth. At that meeting 35 Tribes voted yes to reducing the match to 10%. Even though this letter did not ask for consultation, this letter with a few other letters triggered it.

    I agree with many Tribes that this is not the right time to open up the Regulations, but I also agree that we should provide testimony agreeing to the reduction to 10%. Testimony is due September 6, 2019.

    We are currently still drafting our written testimony and wanted to share our main points.
    1. The original 10% tribal match should apply uniformly to all comprehensive tribes. The current 80/20 match rate requirement is disruptive to a majority of tribal child support programs and imposes hardships on Tribes. The Port Gamble S’Klallam Tribe supports the position of the National Association of Tribal Child Support Directors (NATCSD) and recommends the match be 90/10. We also agree with NATCSD that this is NOT the time to do a full reopening of the tribal child support regulations; OCSE can and should use a more efficient, cost saving and strategic method of the interim final rule process by issuing a direct final rule. A technical amendment.

    2. Fair market valuation should be the valuation for office space donated by the Tribe. The Port Gamble S’Klallam Tribal Child Support doesn’t currently face a hardship by the 2015 policy interpretation disallowing fair market value of space owned by the tribe to be used as a match, but we anticipate this will be an issue in the near future when the Tribe implements its Master Plan and will use the current Tribal Child Support Program facilities to house a justice center.

  16. Hello Fellow Directors,

    For those attending in person, we would like to set up a meeting and possibly a conference call to have a discussion around these important issues. We are in the process of coordinating a meeting space for [b]Sunday 9/15 anywhere between 3-8 pm.[/b][u][/u]

    Please email me the following ASAP. I am trying to get a list of who have provided written testimony & who will be attending. The list is for Tribal Planning Use only to coordinate speaking time and meeting space etc. Also for those who did not provide written testimony you have 30 days after the consultation (October 15, 2019) to provide it. You can also attend the meeting via phone for listen only as well. Email me at mtran@pgst.nsn.us

    ACF Tribal Consultation 9/16

    1. Name of Tribe:

    2. Provided Written Testimony:

    3. Attending the consultation (# of people):

    4. Providing Oral Testimony:

    Thank you!

    Maria Huynh
    Port Gamble S’Klallam Tribe
    Child Support Program Manager
    (360)297-9668

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