Abstract

This Note first sets forth a brief history of the Title IV-D section of the Social Security Act, including the reasons behind its enactment, a general overview of the major provisions, and a review of subsequent Congressional action that has resulted in increasing pressure on the states to conform with the federal requirements of the Act. Next, it explores the general doctrinal basis of federal, state, and tribal relations giving specific attention to the common law development of state adjudicatory and regulatory authority, or lack of it, in civil matters within Indian Country. This section particularly notes the theoretical shift from notions of inherent tribal sovereignty to tribal sovereignty as a "backdrop" in the area of state regulatory authority over Indian affairs and its subsequent effect on adjudicatory questions. The Note continues with a summary of five state court opinions and one tribal court opinion considering the Title IV-D question. The Note next suggests a restatement of the problem that yields a more constructive search for a solution through the process of negotiation and agreement. This process presumes a vision of tribal sovereignty that is more responsive to historical and present reality, insures tribal involvement in any determination of the welfare of the Indian family, and serves to improve relations between the state and the tribe. The Note concludes with a description of a negotiated solution that has proven successful and a warning about federal barriers currently in place that render other, formerly successful, negotiated agreements unusable.

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