[Federal Register Volume 79, Number 195 (Wednesday, October 8, 2014)]
[Proposed Rules]
[Pages 60794-60795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: C1-2014-23061]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 86

[Docket ID: DOD-2013-OS-0009]
RIN 0790-AJ19


Background Checks on Individuals in DoD Child Care Services 
Programs

Correction

    In proposed rule document 2014-23061 beginning on page 59168 in the 
issue of Wednesday, October 1, 2014, make the following correction:


Sec.  86.6  [Corrected]

    In Sec.  86.6, on page 59172, in the third column, between the 
twelfth and thirteenth lines, insert the following text:
    (ii) Individuals with a prior DoD affiliation must also complete an 
IRC, which includes an installation law enforcement check, drug and 
alcohol records check, and a check of the Family Advocacy Program (FAP) 
records for a minimum of 2 years before the date of the application.
    (3) Criminal History Background Checks for FCC Providers and 
Contractors.
    (i) In accordance with 42 U.S.C. 13041, complete a CNACI, which 
includes an FBI criminal history background check conducted through the 
Criminal Justice Information Services Division of the FBI and SCHR 
checks through State repositories of all States that a provider or 
contractor or prospective provider or contractor lists as current and 
former residences in an employment application. Results of an advanced 
FBI fingerprint check must be provided before completion of the full 
CNACI. Results for contractors may be used to determine employment 
under LOSS.
    (ii) Individuals with a prior DoD affiliation must also complete an 
IRC, including an installation law enforcement check, drug and alcohol 
records check, and a check of the FAP records for a minimum of 2 years 
before the date of the application.
    (4) Criminal History Background Checks for Others.
    (i) In accordance with 42 U.S.C. 13041, only an FBI advanced 
fingerprint check is required for criminal history background checks 
for specified volunteers and persons 18 years of age or older residing 
in an FCC, foster, or respite care home.
    (ii) Individuals with a prior DoD affiliation must also complete an 
IRC to include: an installation law enforcement

[[Page 60795]]

check, drug and alcohol records check, and a check of the FAP records 
for a minimum of 2 years before the date of the application.
    (5) Timely Completion. To ensure timely completion, the DoD 
Components will establish procedures to initiate or request criminal 
history background check results, follow up to ensure checks have been 
completed, and address situations where there is a delay in receiving 
results. In no event will an individual subject to this part be 
presumed to have a favorable background check merely because there has 
been a delay in receiving the results of the requisite background 
check. If no response from the state(s) is received within 60 days, 
determinations based upon the CNACI report may be made.
    (c) Criteria for Disqualification Based on Results on Criminal 
History Background Checks. The ultimate decision to determine how to 
use information obtained from the criminal history background checks in 
selection for positions involving the care, treatment, supervision, or 
education of children must incorporate a common sense decision based 
upon all known facts. Adverse information is evaluated by the DoD 
Component who is qualified at the appropriate level of command in 
interpreting criminal history background checks. All information of 
record both favorable and unfavorable will be assessed in terms of its 
relevance, recentness, and seriousness. Likewise, positive mitigating 
factors should be considered. Final suitability decisions shall be made 
by that commander or designee. Criteria that will result in 
disqualification of an applicant require careful screening of the data. 
A disqualifying event may be the basis for a nonselection, withdrawal 
of a tentative offer of employment, ineligibility for facility access, 
removal from a contract, a suitability action under 5 CFR part 731, a 
probationary termination, an adverse action, or other appropriate 
action.
    (1) Criteria for Automatic Disqualification. No person, regardless 
of circumstances, will be approved to provide child care services 
pursuant to this part if the background check discloses:
    (i) That the individual has been convicted in either a civilian or 
military court (to include any general, special or summary court-
martial conviction) or received non-judicial punishment (under Article 
15 or chapter 47 of Title 10, U.S.C., also known and referred to in 
this instruction as ``the Uniform Code of Military Justice (UCMJ)'' 
(Reference (j) for any of the following:
    (A) A sexual offense.
    (B) Any criminal offense involving a child victim.
    (C) A felony drug offense.
    (ii) That the individual has been held to be negligent in a civil 
adjudication or administrative proceeding concerning the death or 
serious injury to a child or dependent person entrusted to the 
individual's care.
    (d) Suitability and Fitness Determinations for Individuals Involved 
With the Provision of Child Care Services. Suitability and fitness 
determinations for individuals subject to this part will be made in 
accordance with Volume 731, Volume 1231, and Subchapter 1403 of DoD 
Instruction 1400.25, part 1201 of 5 U.S.C., as appropriate. The 
following may be the basis for nonselection, withdrawal of a tentative 
offer of employment, ineligibility for facility access, removal from a 
contract, a suitability action under Reference (d), a probationary 
termination, an adverse action, or other appropriate action.
    (1) Criteria for Presumptive Disqualification. Officials charged 
with making determinations pursuant to this part must include in the 
record a written justification for any favorable determination made 
where background check findings include any of the following 
presumptively disqualifying information:
    (i) A FAP record indicating that the individual met criteria for 
child abuse or neglect or civil adjudication that the individual 
committed child abuse or neglect.
    (ii) Evidence of an act or acts by the individual that tend to 
indicate poor judgment, unreliability, or untrustworthiness in 
providing child care services.

[FR Doc. C1-2014-23061 Filed 10-7-14; 8:45 am]
BILLING CODE 1505-01-D