The child support rights of a child who receives Port Gamble S’Klallam Tribal TANF are transferred (assigned) to the Tribe because the Tribe is providing support for the child during a time period when child support payments should be helping to support the child. When child support payments are made on an irregular basis, a family has no financial stability.
The Tribe can assist the family achieve financial independence by providing reliable, predictable TANF assistance while collecting child support owed to the child. When child support payments are made to the Tribe through an assignment, the payments are not counted as income of the TANF recipient and therefore they do not cause fluctuations in his or her TANF grant. The paying party’s financial connection with the child is maintained through the child support pass-through, where applicable.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
When a child receives TANF cash assistance from the Port Gamble S’Klallam Tribal Family Assistance Program, his or her rights to past, present and future child support are deemed to be transferred (assigned) to the Port Gamble S’Klallam Tribe, subject to the limitations set forth in this code.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
When rights are transferred (assigned) to the Tribe under this code, they are characterized as temporary or permanent which means:
(a) 
Temporary transfer (assignment) of rights to past child support became due before the family began receiving TANF cash assistance. The transfer of these rights is temporary, which means that the child support may be collected and held by the Tribe but it may not be utilized to reimburse the Tribe for the child’s TANF grant. While it is held by the Tribe, it shall not be considered an asset of the family. This transfer terminates when the child stops receiving TANF cash assistance and any temporarily transferred funds collected by the Tribe shall be paid to the payee under the child support order.
(b) 
Permanent transfer (assignment) of rights to past, present and future child support becomes due while the family is receiving TANF cash assistance. The transfer of these rights is permanent. The amount of this transfer is limited to the amount of TANF cash assistance received for the child covered by the child support obligation or the child support obligation for that child, whichever is less. This transfer terminates when the child stops receiving TANF cash assistance.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
Child support payments retained by the Tribe under a permanent TANF assignment shall be expended for the benefit of the Port Gamble S’Klallam Tribe’s children and their families.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
Money received by the Tribe under a TANF recipient’s child support transfer of rights may be used to provide a pass-through payment to that TANF recipient on behalf of the child. Such a pass-through payment shall not be considered income for purposes of TANF eligibility or counted against the amount of the grant. The amount of a uniform pass-through payment to TANF recipients shall be determined by regulation of the Tribal Council.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
The Port Gamble S’Klallam Child Support Program is authorized to certify that there is good cause not to establish paternity or child support in cases in which it is not in the best interests of the child to do so.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)