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The Tribal Court may, by order, direct the person or persons required by law to support the child to pay for the support of the child in such amount as the Court may determine to be fair and reasonable, including the cost of the temporary placement of the child pending hearing. Such orders shall have the force and effect of judgment for money and shall be enforceable as are other judgments for money.

Where appropriate, the Tribal Court shall also order the child’s social worker to make a child support referral to the appropriate child support agency for the purpose of securing assignment to the state of any rights of support of each child receiving foster care maintenance payments pursuant to Title IV-E, unless there is documentation that such referral would not be in the best interests of the child.

Circumstances that may be considered in the evaluation of whether the child support referral is not in the best interest of the child may include, but are not necessarily limited to, the parent(s)’ employment status, housing status, the impact on other children who may be at risk of removal, availability of community-based services, efforts to reunify, whether parental rights have been terminated, connection with CalWORKs or other public assistance programs, and whether payment of child support will pose a barrier to family reunification or successful outcome of the child’s case plan. [Res. 22-R-037, 2/24/2022; Res. 09-R-062 Title 1 § (4)(D), 4/30/2009.]