340:25-5-214. Passport denial, revocation, restriction, or limitation
(a) Section 652 of Title 42 of the United States Code (42 U.S.C. 652) provides for the United States Secretary of State to refuse to issue a passport to a person certified as owing child support debt. It also provides for action to revoke, restrict, or limit a passport already issued. If the amount of arrears owed by a person exceeds the threshold amount for certification set by federal law or regulation, Oklahoma Department of Human Services, Child Support Services (CSS) may certify the person under 42 U.S.C. 654 and Section 240.1 of Title 56 of the Oklahoma Statutes (56 O.S. 240.1). • 1
(b) Before issuing a certification as described in (a) of this Section, CSS provides notice to the noncustodial parent (NCP) of CSS determination that the NCP owes child support debt, the consequences of the determination, and the opportunity to contest the determination through either:
(1) the annual notice process as established in 56 O.S. § 237A and Oklahoma Administrative Code (OAC) 340:25-5-213; or
(2) notice of federal offset under Section 303.72 of Title 45 of the Code of Federal Regulations and OAC 340:25-5, Part 25.
(c) If CSS finds a request for certification was submitted in error, or in a life or death situation, CSS requests immediate release of an NCP's passport from the process described in (a) of this Section. • 2
(d) CSS may request release of an NCP's passport from the process described in (a) of this Section if the NCP pays the entire child support debt or:
(1) pays the entire child support debt down to the threshold amount;
(2) enters into a repayment agreement or order to retire the remaining child support debt in not more than 36 equal monthly payments; and
(3) provides CSS with a verified source of future income for which an income assignment may be issued for payment of all current support and arrears. • 2
(e) A passport may be released from the passport referral process at the discretion of the CSS director. The district office may request a director’s exception when it is determined the passport denial, revocation, restriction, or limitation negatively impacts a reliable source of child support. • 3, 4 & 5
(f) After requesting release of a case from the passport referral process, CSS may at any time recertify the case as described in (a) of this Section.
1. The threshold amount for certification described in Oklahoma Administrative Code (OAC) 340:25-5-214(a) is set by federal law or regulation, currently $2,500.The district child support office has the discretion to require more than the amounts stated in OAC 340:25-5-214(d) before releasing a passport to a noncustodial parent (NCP).
2. (a) Child support staff forward all requests for release of passports to Oklahoma Department of Human Services, Child Support Services (CSS) Center for Coordinated Programs. The Center for Coordinated Programs denies requests that do not meet the criteria in OAC 340:25-5-214(d).
(b) A request for release of passport must contain:
(1) a copy of the passport denial letter received by the NCP, and the NCP's current address and phone number and date and place of birth. If the passport denial letter is not available, district office staff contact the Center for Coordinated Programs for assistance; and
(2) in a life or death situation, verification of the death or medical emergency of an immediate family member.
(A) Child support staff forward an explanation of the situation, with any corresponding documentation, to the federal Office of Child Support Enforcement (OCSE) with the completed Emergency Notice of Withdrawal of Passport Denial form.
(B) An immediate family member includes parent or guardian of the NCP, child (natural or adopted), grandparent, sibling, aunt, uncle, stepchild, stepparent, stepbrother, stepsister, and spouse.
(c) If a balance of child support arrears remains due when the district office requests release of the case from the passport process, CSS staff updates the employer and obligation screens on the automated Oklahoma Support Information System (OSIS).
(d) Within five days of receipt of all necessary information, the Center for Coordinated Programs prepares and sends the documentation to OCSE to be forwarded to the United States Secretary of State and updates Case Log Add (CSLOGA) on OSIS.
3. District offices must coordinate with each other to ensure a passport is not withdrawn from the passport referral process in one district office when a NCP has a passport denial, revocation, restriction, or limitation in another district office.
4. One instance when a district office may request a CSS director’s exception is when the NCP currently has no resources and has potential verified employment outside the United States.
5. When the district office requests the release of passport denial, revocation, restriction, or limitation outside of the grounds listed in OAC 340:25-5-214(d):
(1) the district office e-mails a request for release from the passport referral process to the CSS director and the Center for Coordinated Programs, stating the reasons the NCP is not be required to comply with the release process in OAC 340:25-5-214(d);
(2) the district office documents the reason for the request to the CSS director on the automated Oklahoma Support Information System Case Log Add (CSLOGA) screen;
(3) upon receipt of a request for release from the passport referral process, the CSS director notifies the district office and the Center for Coordinated Programs of the decision as soon as possible; and
(4) the district office provides the information described in OAC 340:25-5-214 Instructions To Staff # 2 to the Center for Coordinated Programs.