[Federal Register Volume 79, Number 87 (Tuesday, May 6, 2014)]
[Rules and Regulations]
[Pages 25675-25678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10343]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 60
[Docket ID: DOD-2008-OS-0128]
RIN 0790-AI40
Family Advocacy Command Assistance Team (FACAT)
AGENCY: Office of the Under Secretary of Defense for Personnel and
Readiness, DoD.
ACTION: Final rule.
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SUMMARY: This final rule updates Department of Defense (DoD) policy and
responsibilities and prescribes procedures for the implementation and
use of the FACAT in accordance with 10 U.S.C. 1794. It is DoD policy to
provide a safe and secure environment for DoD personnel and their
families by promoting the prevention, early identification, and
intervention in all allegations of child abuse and neglect.
DATES: Effective Date: This rule is effective June 5, 2014.
FOR FURTHER INFORMATION CONTACT: Mary Campise, 571-372-5346.
SUPPLEMENTARY INFORMATION:
Executive Summary
I. Purpose of the Regulatory Action
To establish DoD policy, assign responsibilities, and prescribe
procedures for implementation and use of the multi-disciplinary Family
Advocacy Command Assistant Team to respond to allegations of child
sexual abuse in DoD-sanctioned childcare and youth activities.
a. The need for the regulatory action and how the action will meet
that need.
Child sexual abuse allegations in DoD sponsored childcare and youth
activities require a coordinated community response between law
enforcement, child protection agencies, and the setting from which the
allegation arose. Local teams who may not be sufficiently resourced to
conduct large scale investigations and coordinate an effective multi-
level response can request the deployment and support of the FACAT to
foster cooperation among the DoD, other Federal agencies, and
responsible civilian authorities when addressing allegations of child
sexual abuse in DoD-sanctioned activities; promote timely and
comprehensive reporting of all allegations; and actively seek
prosecution of alleged perpetrators to the fullest extent of the law.
b. Statement of legal authority for the regulatory action.
Section 1794 of title 10, United States Code (U.S.C.) requires the
Secretary of Defense to maintain a special task force to respond to
allegations of widespread child abuse at a military installation. The
task force shall be composed of personnel from appropriate disciplines,
including, medicine, psychology, and child development. This task force
will provide assistance to the commander of the installation, and to
parents at the installation, to effectively deal with the allegations.
II. Summary of the Major Provisions of the Regulatory Action in
Question
a. This regulatory action establishes a DoD multi-disciplinary
Family Advocacy Command Assistant Team (FACAT) to support local
installation personnel in responding to extrafamilial child sexual
abuse allegations in DoD sanctioned childcare and youth activities.
b. The deployment of the FACAT provides a coordinated and
comprehensive DoD response to assist the Military Department upon DoD
Component request to address allegations when local resources are
limited.
c. The goal of the FACAT is to foster cooperation among the DoD,
other Federal agencies, and responsible civilian authorities when
addressing allegations of extrafamilial child sexual abuse in DoD-
sanctioned activities, to ensure the timely and comprehensive reporting
of all incidents to the appropriate authorities, and to seek
prosecution of alleged perpetrators to the fullest extent of the law
when appropriate.
III. Costs and Benefits
The benefit to the Department and to the public is to provide safe
and secure environments for children of DoD personnel and their
families by promoting a coordinated community response to allegations
of child sexual abuse arising in DoD sponsored childcare and youth
activities settings. The deployment of the FACAT to support local
communities ensures that alleged offenders are identified, assessed,
investigated, and prosecuted to the full extent of the law. Further,
the multidisciplinary and well-coordinated approach promotes the
identification of all potential child victims and provides a safe and
secure setting for these children to be interviewed, assessed, and
supported. Per Section 1794 of Title 10, United States Code, this rule
has an internal reporting requirement that will cost the Department of
Defense $600 annually. Costs for this program include salaries of
government employees, training costs of approximately $30,000 every
three years, and up to $15,000 to deploy a FACAT of five team members
per response. There were no FACATs deployed in FY 2011, and there was
one FACAT deployed in FY 2010. The cost of the FY 2010 deployment was
approximately $7,500.
Public Comments
On Friday, April 26, 2013 (78 FR 24694-24697), the Department of
Defense published a proposed rule requesting public comment. No
comments were received on the proposed rule and no changes have been
made in the final rule.
Regulatory Procedures
Executive Order 12866, ``Regulatory Planning and Review'' and Executive
Order 13563, ``Improving Regulation and Regulatory Review''
It has been certified that 32 CFR part 60 does not:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy; a section of the
economy; productivity; competition; jobs; the environment; public
health or safety; or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another Agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
[[Page 25676]]
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
these Executive Orders.
Sec. 202, Pub. L. 104-4, ``Unfunded Mandates Reform Act''
It has been certified that 32 CFR part 60 does not contain a
Federal mandate that may result in expenditure by State, local and
tribal governments, in aggregate, or by the private sector, of $100
million or more in any one year.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
It has been certified that 32 CFR part 60 is not subject to the
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if
promulgated, have a significant economic impact on a substantial number
of small entities.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
It has been certified that 32 CFR part 60 does not impose reporting
or recordkeeping requirements under the Paperwork Reduction Act of
1995.
Executive Order 13132, ``Federalism''
It has been certified that 32 CFR part 60 does not have federalism
implications, as set forth in Executive Order 13132. This rule does not
substantial direct effects on:
(1) The States;
(2) The relationship between the National Government and the
States; or
(3) The distribution of power and responsibilities among the
various levels of Government.
List of Subjects in 32 CFR Part 60
Child abuse, Family health.
0
Accordingly 32 CFR part 60 is added to read as follows:
PART 60--FAMILY ADVOCACY COMMAND ASSISTANCE TEAM (FACAT)
Sec.
60.1 Purpose.
60.2 Applicability.
60.3 Definitions.
60.4 Policy.
60.5 Responsibilities.
60.6 Procedures.
Authority: 10 U.S.C. 1794; 42 U.S.C. 13031.
Sec. 60.1 Purpose.
This part establishes policy, assigns responsibilities, and
prescribes procedures for implementation and use of the FACAT in
accordance with 10 U.S.C. 1794.
Sec. 60.2 Applicability.
(a) This part applies to Office of the Secretary of Defense (OSD),
the Military Departments, the Office of the Chairman of the Joint
Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office
of the Inspector General of the Department of Defense, the Defense
Agencies, the DoD Field Activities and all other organizational
entities in the DoD (hereinafter referred to collectively as the ``DoD
Components'').
(b) The term ``Military Services,'' as used herein, refers to the
Army, Navy, Air Force, and Marine Corps.
Sec. 60.3 Definitions.
Unless otherwise noted, these terms and their definitions are for
the purpose of this part.
Child. An unmarried person under 18 years of age for whom a parent,
guardian, foster parent, caregiver, employee of a residential facility,
or any staff person providing out-of-home care is legally responsible.
The term ``child'' means a biological child, adopted child, stepchild,
foster child, or ward. The term also includes a sponsor's family member
(except the sponsor's spouse) of any age who is incapable of self-
support because of a mental or physical incapacity, and for whom
treatment in a DoD medical treatment program is authorized.
Child abuse. The physical or sexual abuse, emotional abuse, or
neglect of a child by a parent, guardian, foster parent, or by a
caregiver, whether the caregiver is intrafamilial or extrafamilial,
under circumstances indicating the child's welfare is harmed or
threatened. Such acts by a sibling, other family member, or other
person shall be deemed to be child abuse only when the individual is
providing care under express or implied agreement with the parent,
guardian, or foster parent.
Child sexual abuse. The employment, use, persuasion, inducement,
enticement, or coercion of any child to engage in, or assist any other
person to engage in, any sexually explicit conduct or simulation of
such conduct for the purpose of producing a visual depiction of such
conduct; or the rape, and in cases of caretaker or inter-familial
relationships, statutory rape, molestation, prostitution, or other form
of sexual exploitation of children, or incest with children.
DoD-sanctioned activity. A U.S. Government activity or a
nongovernmental activity authorized by appropriate DoD officials to
perform child care or supervisory functions on DoD controlled property.
The care and supervision of children may be either its primary mission
or incidental in carrying out another mission (e.g., medical care).
Examples include Child Development Centers, Department of Defense
Dependents Schools, Youth Activities, School Age/Latch Key Programs,
Family Day Care providers, and child care activities that may be
conducted as a part of a chaplain's program or as part of another
Morale, Welfare, or Recreation Program.
FACAT. A multidisciplinary team composed of specially trained and
experienced individuals who are on-call to provide advice and
assistance on cases of child sexual abuse that involve DoD-sanctioned
activities.
Family Advocacy Program Director (FAPD). An individual designated
by the Secretary of the Military Department or the head of another DoD
Component to manage, monitor, and coordinate the FAP at the
headquarters level.
Family Advocacy Program Manager (FAPM). An individual designated by
the Secretary of the Military Department to manage, monitor, and
coordinate the FAP at the headquarters level.
Military criminal investigative organization (MCIO). U.S. Army
Criminal Investigation Command, Naval Criminal Investigative Service,
and Air Force Office of Special Investigations.
Out-of-home care. The responsibility of care for and/or supervision
of a child in a setting outside the child's home by an individual
placed in a caretaker role sanctioned by a DoD Component or authorized
by a DoD Component as a provider of care. Examples include a child
development center, school, recreation program, family child care, and
child care activities that may be conducted as a part of a chaplain's
program or as part of another morale, welfare, or recreation program.
Sec. 60.4 Policy.
It is DoD policy to:
(a) Provide a safe and secure environment for DoD personnel and
their families by promoting the prevention, early identification, and
intervention in all allegations of child abuse and neglect in
accordance with DoD Directive 6400.1, ``Family Advocacy Program (FAP)''
(see http://www.dtic.mil/whs/directives/corres/pdf/640001p.pdf).
(b) Promote early identification and intervention in allegations of
extrafamilial child sexual abuse in accordance with DoD Directive
6400.1 as it applies to DoD-sanctioned activities.
(c) Provide a coordinated and comprehensive DoD response through
the deployment of the FACAT to assist the Military Department upon DoD
[[Page 25677]]
Component request to address allegations of extrafamilial child sexual
abuse in DoD-sanctioned activities.
(d) Foster cooperation among the DoD, other Federal agencies, and
responsible civilian authorities when addressing allegations of
extrafamilial child sexual abuse in DoD-sanctioned activities.
(e) Promote timely and comprehensive reporting of all incidents
covered by this part.
(f) As appropriate, actively seek prosecution of alleged
perpetrators to the fullest extent of the law.
(g) Ensure that personally identifiable information, to include
protected health information collected, used, and released by covered
entities in the execution of this part is protected as required by DoD
6025.18-R, ``DoD Health Information Privacy Regulation'' (see http://www.dtic.mil/whs/directives/corres/pdf/602518r.pdf) and 5 U.S.C. 552a
as implemented in the Department of Defense by 32 CFR part 310.
Sec. 60.5 Responsibilities.
(a) The Deputy Assistant Secretary of Defense for Military
Community and Family Policy (DASD(MC&FP)), under the authority,
direction, and control of the Assistant Secretary of Defense for
Readiness and Force Management, shall:
(1) Monitor compliance with this part.
(2) Train, maintain, and support a team of full-time or permanent
part-time federal officers or employees from various disciplines to
comprise the FACAT and respond to child sexual abuse in DoD-sanctioned
activities.
(3) Develop and coordinate criteria for determining the appropriate
professional disciplines, support staff, and the required capabilities
of FACAT members.
(4) Ensure that policies and guidelines on activation and use of
the FACAT are shared and coordinated with the DoD Components.
(5) Program, budget, and allocate funds for the FACAT.
(6) Appoint the chief of the FACAT and team members, and provide
required logistical support when the FACAT is deployed.
(7) Coordinate the management and interaction of this effort with
other Federal and civilian agencies as necessary.
(8) Foster general awareness of FACAT goals and responsibilities.
(b) The Secretaries of the Military Departments shall:
(1) Ensure compliance with this part throughout their respective
Departments.
(2) Establish departmental procedures to implement with this part.
(3) Designate nominees for the FACAT upon request and ensure
replacements are nominated when vacancies are indicated.
(4) Ensure that commanders and staff are aware of the availability
and proper use of the FACAT and the procedures for requesting a FACAT
to assist in addressing extrafamilial child sexual abuse allegations
covered by this part.
(5) Encourage timely and comprehensive reporting in accordance with
this part.
Sec. 60.6 Procedures.
(a) Reporting requirements. Any person with a reasonable belief
that an incident of child abuse has occurred in a DoD-sanctioned
activity must report it to:
(1) The appropriate civilian agency in accordance with 42 U.S.C.
13031 and 28 CFR 81.1-81.5.
(2) The installation FAP as required by DoD Directive 6400.1.
(b) Notification of suspected abuse--(1) Physical or emotional
abuse or neglect. If a report of suspected child physical abuse,
emotional abuse, or neglect in a DoD-sanctioned activity is made to the
FAP, the FAPM shall:
(i) Notify the appropriate military or civilian law enforcement
agency, or multiple law enforcement agencies as appropriate.
(ii) Contact the appropriate civilian child protective services
agency, if any, to request assistance.
(2) Sexual abuse. If a report of suspected child sexual abuse in a
DoD-sanctioned activity is made to the FAP, the FAPM, in addition to
the procedures noted in paragraph (b)(1) of this section, shall:
(i) Immediately notify the servicing MCIO and civilian law
enforcement as appropriate.
(ii) Forward the report DD Form 2951, ``Initial Report of Suspected
Child Sexual Abuse in DoD Operated or Sponsored Activities,'' required
by 10 U.S.C. 1794 through DoD Component FAP channels to the DASD(MC&FP)
within 72 hours.
(iii) Consult with the person in charge of the DoD-sanctioned
activity and the appropriate law enforcement agency to estimate the
number of potential victims and determine whether an installation
response team may be appropriate to address the investigative, medical,
psychological, and public affairs issues that may arise.
(iv) Notify the installation commander of the allegation and
recommend whether an installation response team may be appropriate to
assess the current situation and coordinate the installation's response
to the incidents.
(v) Submit a written follow-up report using DD Form 2952,
``Closeout Report of Suspected Child Sexual Abuse in DoD Operated or
Sponsored Activities,'' through DoD Component channels regarding all
allegations of child sexual abuse to the DASD(MC&FP) when:
(A) There have been significant changes in the status of the case;
(B) There are more than five potential victims;
(C) The sponsors of the victims are from different Military
Services or DoD Components;
(D) There is increased community sensitivity to the allegation; or
(E) The DASD(MC&FP) has requested a follow-up report.
(c) Requesting a FACAT. An installation commander may request a
FACAT through appropriate DoD Component channels from the DASD(MC&FP)
when alleged child sexual abuse by a care provider in a DoD-sanctioned-
activity has been reported and at least one of the following apply:
(1) Additional personnel are needed to:
(i) Fully investigate a report of child sexual abuse by a care
provider or employee in a DoD-sanctioned activity;
(ii) Assess the needs of the child victims and their families; or
(iii) Provide supportive treatment to the child victims and their
families.
(2) The victims are from different Military Services or DoD
Components, or there are multiple care providers who are the subjects
of the report from different Military Services or DoD Components.
(3) Significant issues in responding to the allegations have arisen
between the Military Services or DoD Components and other Federal
agencies or civilian authorities.
(4) The situation has potential for widespread public interest that
could negatively impact performance of the DoD mission.
(d) Deployment of a FACAT. (1) The DASD(MC&FP) shall deploy a FACAT
at the request of a DoD Component.
(2) The DASD(MC&FP) may deploy a FACAT at the request of the Head
of the DoD Component without a request from the installation commander.
Such circumstances include a case where:
(i) The victims are from different Military Services or DoD
Components, or there are multiple care providers who are the subjects
of the report from different Military Services or DoD Components;
(ii) Significant issues in responding to the allegations have
arisen between the Military Services or DoD Components and other
Federal agencies or civilian authorities; or
[[Page 25678]]
(iii) The situation has potential for widespread public interest
that could negatively impact performance of the DoD mission.
(3) The DASD(MC&FP) shall configure the FACAT based on the
information and recommendations of the requestor, the installation
FAPM, and the FAPD of the DoD Component.
(4) The DASD(MC&FP) shall:
(i) Request the FAPDs to identify several individuals from the
FACAT roster who are available for deployment.
(ii) Request, through the appropriate channels of the DoD
Component, that the individuals' supervisors release them from normal
duty positions to serve on temporary duty with the deploying FACAT.
(5) The DASD(MC&FP) shall provide fund citations to the FACAT
members for their travel orders and per diem and shall provide
information regarding travel arrangements. The FACAT members shall be
responsible for preparing travel orders and making travel arrangements.
(6) FACAT members who are subject to DoD Instruction 6025.13,
``Medical Quality Assurance (MQA) and Clinical Quality Management in
the Military Health System (MHS)'' (see http://www.dtic.mil/whs/directives/corres/pdf/602513p.pdf) shall be responsible for arranging
temporary clinical privileges in accordance with DoD 6025.13-R,
``Military Health System (MHS) Clinical Quality Assurance (CQA) Program
Regulation'' (see http://www.dtic.mil/whs/directives/corres/pdf/602513r.pdf) at the installation to which they shall be deployed.
(e) FACAT tasks. The FACAT shall meet with the installation's
commanding officer, the MCIO, or designated response team to assess the
current situation and assist in coordinating the installation's
response to the incidents. Depending on the composition of the team,
such tasks may include:
(1) Investigating the allegations.
(2) Conducting medical and mental health assessment of the victims
and their families.
(3) Developing and implementing plans to provide appropriate
treatment and support for the victims and their families and for the
non-abusing staff of the DoD-sanctioned activity.
(4) Coordinating with local officials to manage public affairs
tasks.
(f) Reports of FACAT activities. The FACAT chief shall prepare
three types of reports:
(1) Daily briefs for the installation commander or designee.
(2) Periodic updates to the FAPD of the DoD Component and to the
DASD(MC&FP).
(3) An after-action brief for the installation commander briefed at
the completion of the deployment and transmitted to the DASD(MC&FP) and
the FAPD of the DoD Component.
Dated: May 1, 2014.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2014-10343 Filed 5-5-14; 8:45 am]
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