Child Support Services (CSS) attorneys are not required by law or policy to release the denial of a passport issuance unless the arrears, including interest, are paid in full.
However, several exceptions allow a passport to be released immediately, without payment of arrears, including:
- Mistaken identity, where the individual was submitted in,
- A life or death situation or a medical emergency, or
- A director’s exception.
Mistaken Identity
If CSS staff learns a passport has been referred for denial as a result of mistaken identity (e.g. due to an incorrect Social Security number), staff asks the obligor to bring identification to the district office, including:
- Picture identification, and
- Proof of date of birth and Social Security number.
Staff then emails scanned copies of documentation to the Center for Coordinated Programs Passport Denial Program Coordinator with an explanation of the situation.
Life or Death Situation or Medical Emergency
Per OAC 340:25-5-214(c), if the obligor provides proof of a life or death situation or a medical emergency, the state can ask that the passport be issued.
When CSS receives verification of the death or medical emergency of an obligor’s immediate family member, staff forwards to OCSS:
- An explanation of the situation,
- Supporting documentation, and
- A request for passport release.
Note: an “immediate family member” includes the parent or guardian, child (natural or adopted), grandparent, sibling, aunt, uncle, stepchild, stepparent, stepbrother, stepsister, and spouse of the obligor.
Director’s Exception
When a case does not meet the policy criteria, a passport may also be released at the discretion of the CSS director per OAC 340:25-5-214(e). The district office may request a director’s exception when it is determined the passport denial negatively impacts a reliable source of child support.
When appropriate, the district office submits an e-mail request to the CSS director and the Center for Coordinated Programs Passport Denial Program Coordinator.
- The email should state the reason the obligor should not be required to comply with the passport release process.
- Please do not refer the obligor directly to the director – this is a notification that should be initiated by the local office.
- Be sure to check with your managing attorney and/or office manager for your office’s policy regarding referring a case for a director’s exception.
Legal Authority
- OAC 340:25-5-214 provides CSS policy regarding passport denial and release