[Federal Register Volume 80, Number 42 (Wednesday, March 4, 2015)]
[Rules and Regulations]
[Pages 11778-11804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-04310]



[[Page 11777]]

Vol. 80

Wednesday,

No. 42

March 4, 2015

Part III





Department of Defense





-----------------------------------------------------------------------





32 CFR Part 61





Family Advocacy Program (FAP); Final Rule

  Federal Register / Vol. 80 , No. 42 / Wednesday, March 4, 2015 / 
Rules and Regulations  

[[Page 11778]]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 61

[Docket ID: DOD-2013-OS-0092]
RIN 0790-AI49


Family Advocacy Program (FAP)

AGENCY: Under Secretary of Defense for Personnel and Readiness, DoD.

ACTION:  Interim final rule.

-----------------------------------------------------------------------

SUMMARY:  This interim final rule establishes policy and assigns 
responsibilities for addressing child abuse and domestic abuse through 
the FAP. The Family Advocacy Program (FAP): Guidelines for Clinical 
Intervention for Persons Reported as Domestic Abusers provides clinical 
guidelines for the FAP assessment, clinical rehabilitative treatment, 
and ongoing monitoring and risk management of individuals who have 
reported to FAP by means of an unrestricted report for domestic abuse 
against current or former spouses, or intimate partners. This rule is 
being published as an interim final rule to broaden the scope of FAP 
services to include former and current same-sex spouses in a legal 
union recognized as a marriage by a state or other jurisdiction. This 
rule extends benefits to same-sex spouses of Military Service members 
and DoD civilians following the June 26, 2013 U.S. Supreme Court 
decision to declare Section Three of the Defense of Marriage Act 
unconstitutional.

DATES: This rule is effective March 4, 2015. Comments must be received 
by May 4, 2015.

ADDRESSES: You may submit comments, identified by docket number and/or 
RIN number and title, by any of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Federal Docket Management System Office, 4800 Mark 
Center Drive, East Tower, Suite 02G09, Alexandria, VA 22350-3100.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
Federal Register document. The general policy for comments and other 
submissions from members of the public is to make these submissions 
available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any 
personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Mary Campise, 571-372-5346.

SUPPLEMENTARY INFORMATION: 

Retrospective Review

    This rule is part of DoD's retrospective plan, completed in August 
2011, under Executive Order 13563, ''Improving Regulation and 
Regulatory Review.'' DoD's full plan and updates can be accessed at: 
http://www.regulations.gov/#!docketDetail;dct=FR+PR+N+O+SR;rpp=10;po=0;D=DOD-2011-OS-0036.

Interim Final Rule Justification

    This interim final rule represents a significant update to 
standards that were originally published in 1992 and are long overdue. 
This update represents a major revision to address significant gaps in 
policy and procedures. Research supported clinical practices and victim 
advocacy services have changed substantially in the last 20 years. 
Delaying publication potentially poses a serious and continued risk to 
our most vulnerable families.
    The interim final rule emphasizes the essential role FAP must 
fulfill in the safety and risk management of child abuse/neglect and 
domestic abuse incidents. This focus on safety and risk management is a 
significant shift in policy and procedures. Highlights include: (1) 
Requires the Services to develop and monitor standardized risk 
management plans to ensure that the safety needs of adult victims of 
domestic abuse and child victims of child abuse/neglect are addressed 
immediately; (2) establishes standards for domestic abuse victim 
advocates who perform essential safety planning functions; (3) 
establishes standards for the involvement of military family advocacy 
services in child abuse and neglect cases that are managed by the local 
or State courts, or child welfare or protection agencies. This ensures 
that the military family advocacy programs and the civilian child 
protection agencies work closely on court-managed cases involving 
military affiliated children. Targeted focus has been applied to 
families with children 0-3 who are most vulnerable to the effects of 
family disruption; (4) institutes research based standard decision 
trees in the assessment of child abuse and neglect and domestic abuse 
referrals. This standardization ensures that all incidents of abuse and 
neglect are assessed consistently and with high standards of care 
across all geographic locations; (5) requires the establishment of 
internal and external duress systems for personnel who are responding 
to potentially high-risk-for-violence incidents; (6) establishes 
standards for early intervention with new parents and families who are 
at high risk for child abuse/neglect; and (7) provides unprecedented 
and essential policy and guidance on the response, assessment, and 
treatment of military affiliated offenders of domestic abuse.

Executive Summary

I. Purpose of the Regulatory Action

    DoD is committed to preventing child abuse and neglect and domestic 
abuse against current or former spouses and intimate partners by 
ensuring the Family Advocacy Program (FAP) provides a full range of 
prevention and intervention services to all eligible beneficiaries. 
This rule will provide guidance to military families if child abuse and 
neglect or domestic abuse occurs. This rule updates previous policy 
statements and more completely annotates references and source 
documents. This rule also adds new review, reporting and information 
protection responsibilities along with new procedures addressing those 
tasks.
    Description of Authority Citation:
    5 U.S.C. 552a; Privacy Act establishes the regulation of records 
maintained on individuals by any executive department, military 
department, Government corporation, Government controlled corporation, 
or other establishment in the executive branch of the Government.
    10 U.S.C. 1058(b) Establishes the responsibilities of military law 
enforcement officials at scenes of domestic violence
    10 U.S.C. 1783 establishes guidance on family members serving on 
advisory committees
    10 U.S.C. 1787 directs the Secretary of Defense to request each 
State to provide for the reporting to the Secretary of any report the 
State receives of known or suspected instances of child abuse and 
neglect in which the person having care of the child is a member of the 
armed forces (or the spouse of the member).
    10 U.S.C. 1794 directs 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, where appropriate, 
medicine, psychology, and childhood development. In the case of such 
allegations, the task force shall provide assistance to the commander 
of the installation, and to parents at the installation, in helping 
them to deal with such allegations.

[[Page 11779]]

    Public Law 103-337, Section 534(d)(2) establishes victim advocacy 
services for victims of family violence through the family advocacy 
programs of the military departments.

II. Summary of the Major Provisions of the Regulatory Action in 
Question

    This regulatory action:
    a. Establishes policy and assigns responsibilities for addressing 
child abuse and domestic abuse through the FAP.
    b. Establishes guidance about FAP research and evaluation and 
participates in other federal research and evaluation projects relevant 
to the assessment, treatment, and risk management of domestic abuse.
    c. Identifies tools to assess risk of recurrence of domestic abuse.
    d. Establishes lethality risk assessment guidelines.
    e. Extends benefits to same-sex spouses of Military Service members 
and DoD civilians.

III. Costs and Benefits

    Providing the full spectrum of Family Advocacy Program services at 
military installations with command sponsored families as described in 
this Rule costs approximately 180 million annually. This cost 
represents the labor costs to the Department to provide these services. 
Without these installation-centric services, the burden would be 
shifted to the civilian sector. Service members and their families will 
return to the civilian community after their service to our country is 
complete. Child abuse and domestic abuse prevention and intervention 
services targeting at-risk military families while on active duty are 
designed and delivered to reduce the risk of re-occurrence of family 
violence after this transition is complete.
    Benefit to the Department and to the public is to provide an 
effective and well-coordinated community response to reports of child 
abuse and neglect and domestic abuse involving military service members 
and their families that addresses the unique aspects of military life 
to include frequent moves, deployments, and lengthy separations. In 
Fiscal Year 2012, the DoD Family Advocacy Program assessed 18,671 
unrestricted reports of domestic abuse and 15,646 reports of child 
abuse and neglect. Of those, 9,254 met the criteria for domestic abuse 
and 7,003 met the criteria for child abuse and neglect. The assessment 
of these reports is best accomplished by a standardized and well-
coordinated approach involving social services, medical treatment, law 
enforcement, and command to promote the safety and well-being of all 
those referred and to preserve the readiness of our military. Referrals 
that meet the criteria for domestic abuse or child abuse and neglect 
require clinical assessment, treatment, rehabilitation and ongoing 
monitoring and risk management of offenders. Standard requirements and 
clinical guidelines based on the best available research in the field 
enable the Family Advocacy Program to promote effective intervention 
with offenders and potentially reduce recidivism thus reducing the 
long-term cost of domestic abuse and child abuse and neglect.

Executive Order 12866, ``Regulatory Planning and Review'' and Executive 
Order 13563, ``Improving Regulation and Regulatory Review''

    Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distribute impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has been designated a ``significant regulatory 
action,'' although not economically significant, under section 3(f) of 
Executive Order 12866. Accordingly, the rule has been reviewed by the 
Office of Management and Budget (OMB).
    It has been determined that 32 CFR part 61 is a significant 
regulatory action because it raises novel legal or policy issues 
arising out of legal mandates, the President's priorities, or the 
principles set forth in these Executive Orders.
    However, this rule 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; or
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof.

Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4)

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) 
(Pub. L. 104-4) requires agencies assess anticipated costs and benefits 
before issuing any rule whose mandates require spending in any 1 year 
of $100 million in 1995 dollars, updated annually for inflation. In 
2014, that threshold is approximately $141 million. This document will 
not mandate any requirements for State, local, or tribal governments, 
nor will it affect private sector costs.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)

    It has been certified that this rule 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. Therefore, the Regulatory Flexibility Act, as 
amended, does not require us to prepare a regulatory flexibility 
analysis.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    Section 61.5(d)(8) of this rule contains information collection 
requirements. DoD submitted the following proposal to OMB under the 
provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). OMB 
pre-approved this collection and assigned it OMB control number 0704-
0536. Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
DoD, including whether the information will have practical utility; (b) 
the accuracy of the estimate of the burden of the proposed information 
collection; (c) ways to enhance the quality, utility, and clarity of 
the information to be collected; and (d) ways to minimize the burden of 
the information collection on respondents, including the use of 
automated collection techniques or other forms of information 
technology.
    (1) Title: Central Registry: Child Maltreatment and Domestic Abuse 
Incident Reporting System
    Type of Request: Collection in use without OMB approval.
    Number of Respondents: 19,585.
    Responses per Respondent: 1.
    Annual Responses: 19,585.
    Average Burden per Response: 2 hours.
    Annual Burden Hours: 38,026 hours.
    Needs and Uses: DoD Instruction 6400.01 Family Advocacy Program 
(FAP) establishes policy and assigns responsibility for addressing 
child abuse and neglect and domestic abuse through family advocacy 
programs and services. Each military Services delivers a family 
advocacy program to their respective military members and their 
families. Military or family members may use

[[Page 11780]]

these services, and voluntary personal information must be gathered to 
determine benefit eligibility and individual needs. Each military 
Service maintains a database. DMDC collects that information for DoD 
FAP.

OMB Desk Officer

    Written comments and recommendations on the proposed information 
collection should be sent to Ms. Jasmeet Seehra at the Office of 
Management and Budget, Desk Officer for DoD, Room 10236, New Executive 
Office Building, Washington, DC 20503, with a copy to Mary E. Campise 
at the Office of Family Policy/Children and Youth, Program Analyst for 
the Family Advocacy Program, 4800 Mark Center Drive, Suite 03G15, 
Alexandria, VA 22350-2300. Comments can be received from 30 to 60 days 
after the date of this notice, but comments to OMB will be most useful 
if received by OMB within 30 days after the date of this notice.
    You may also submit comments, identified by docket number and 
title, by the following method:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency 
name, docket number and title for this Federal Register document. The 
general policy for comments and other submissions from members of the 
public is to make these submissions available for public viewing on the 
Internet at http://www.regulations.gov as they are received without 
change, including any personal identifiers or contact information.
    To request more information on this proposed information collection 
or to obtain a copy of the proposal and associated collection 
instruments, please write to Mary E. Campise at the Office of Family 
Policy/Children and Youth, Program Analyst for the Family Advocacy 
Program, 4800 Mark Center Drive, Suite 03G15, Alexandria, VA 22350-
2300, 571-372-5346.

Executive Order 13132, ``Federalism''

    Executive Order 13132 establishes certain requirements that an 
agency must meet when it promulgates a proposed rule (and subsequent 
final rule) that imposes substantial direct requirement costs on State 
and local governments, preempts State law, or otherwise has Federalism 
implications. This interim final rule will not have a substantial 
effect on State and local governments.

List of Subjects in 32 CFR Part 61

    Alcohol abuse, Domestic violence, Drug abuse.

    Accordingly 32 CFR part 61 is added to read as follows:

PART 61--FAMILY ADVOCACY PROGRAM (FAP)

Subpart A--Family Advocacy Program (FAP)
Sec.
61.1 Purpose.
61.2 Applicability.
61.3 Definitions.
61.4 Policy.
61.5 Responsibilities.
61.6 Procedures.
Subpart B--FAP Standards
61.7 Purpose.
61.8 Applicability.
61.9 Definitions.
61.10 Policy.
61.11 Responsibilities.
61.12 Procedures.
Subpart C--[Reserved]
Subpart D--[Reserved ]
Subpart E--Guidelines for Clinical Intervention for Persons Reported as 
Domestic Abusers
61.25 Purpose.
61.26 Applicability.
61.27 Definitions.
61.28 Policy.
61.29 Responsibilities.
61.30 Procedures.

Subpart A--Family Advocacy Program (FAP)

    Authority:  5 U.S.C. 552a; 10 U.S.C. 1058(b), 1783, 1787, and 
1794; Public Law 103-337, Section 534(d)(2).


Sec.  61.1  Purpose.

    This part is composed of several subparts, each containing its own 
purpose. This subpart establishes policy and assigns responsibilities 
for addressing child abuse and domestic abuse through the FAP.


Sec.  61.2  Applicability.

    This subpart applies to the 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 within the Department of Defense (referred to 
collectively in this subpart as the ``DoD Components'').


Sec.  61.3  Definitions.

    Unless otherwise noted, these terms and their definitions are for 
the purposes of this subpart.
    Alleged abuser. An individual reported to the FAP for allegedly 
having committed child abuse or domestic abuse.
    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 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.
    DoD-sanctioned activity. A DoD-sanctioned activity is defined as 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, or 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.
    Domestic abuse. Domestic violence or a pattern of behavior 
resulting in emotional/psychological abuse, economic control, and/or 
interference with personal liberty that is directed toward a person who 
is:
    (1) A current or former spouse.
    (2) A person with whom the abuser shares a child in common; or
    (3) A current or former intimate partner with whom the abuser 
shares or has shared a common domicile.
    Domestic violence. An offense under the United States Code, the 
Uniform Code of Military Justice (UCMJ), or State law involving the 
use, attempted use, or threatened use of force or violence

[[Page 11781]]

against a person, or a violation of a lawful order issued for the 
protection of a person who is:
    (1) A current or former spouse.
    (2) A person with whom the abuser shares a child in common; or
    (3) A current or former intimate partner with whom the abuser 
shares or has shared a common domicile.
    Family Advocacy Command Assistance Team (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 committee (FAC). The policy-making, coordinating, 
recommending, and overseeing body for the installation FAP.
    FAP. A program designed to address prevention, identification, 
evaluation, treatment, rehabilitation, follow-up, and reporting of 
family violence. FAPs consist of coordinated efforts designed to 
prevent and intervene in cases of family distress, and to promote 
healthy family life.
    Family Advocacy Program Manager (FAPM). An individual designated by 
a Secretary of a Military Department or the head of another DoD 
Component to manage, monitor, and coordinate the FAP at the 
headquarters level.
    Incident determination committee (IDC). A multidisciplinary team of 
designated individuals working at the installation level, tasked with 
determining whether a report of domestic abuse or child abuse meets the 
relevant DoD criteria for entry into the Service FAP Central Registry 
as child abuse and domestic abuse incident. Formerly known as the Case 
Review Committee.
    Incident status determination. The IDC determination of whether or 
not the reported incident meets the relevant criteria for alleged child 
abuse or domestic abuse for entry into the Service FAP central registry 
of child abuse and domestic abuse reports.
    New Parent Support Program (NPSP). A standardized secondary 
prevention program under the FAP that delivers intensive, voluntary, 
strengths based home visitation services designed specifically for 
expectant parents and parents of children from birth to 3 years of age 
to reduce the risk of child abuse and neglect.
    Restricted reporting. A process allowing an adult victim of 
domestic abuse, who is eligible to receive military medical treatment, 
including civilians and contractors who are eligible to receive 
military healthcare outside the Continental United States on a 
reimbursable basis, the option of reporting an incident of domestic 
abuse to a specified individual without initiating the investigative 
process or notification to the victim's or alleged offender's 
commander.
    Unrestricted reporting. A process allowing a victim of domestic 
abuse to report an incident using current reporting channels, e.g. 
chain of command, law enforcement or criminal investigative 
organization, and FAP for clinical intervention.


Sec.  61.4  Policy.

    It is DoD policy to:
    (a) Promote public awareness and prevention of child abuse and 
domestic abuse.
    (b) Provide adult victims of domestic abuse with the option of 
making restricted reports to domestic abuse victim advocates and to 
healthcare providers in accordance with DoD Instruction 6400.06, 
``Domestic Abuse Involving DoD Military and Certain Affiliated 
Personnel'' (available at http://www.dtic.mil/whs/directives/corres/pdf/640006p.pdf).
    (c) Promote early identification; reporting options; and 
coordinated, comprehensive intervention, assessment, and support to:
    (1) Victims of suspected child abuse, including victims of extra-
familial child abuse.
    (2) Victims of domestic abuse.
    (d) Provide assessment, rehabilitation, and treatment, including 
comprehensive abuser intervention.
    (e) Provide appropriate resource and referral information to 
persons who are not covered by this subpart, who are victims of alleged 
child abuse or domestic abuse.
    (f) Cooperate with responsible federal and civilian authorities and 
organizations in efforts to address the problems to which this subpart 
applies.
    (g) Ensure that personally identifiable information (PII) collected 
in the course of FAP activities is safeguarded to prevent any 
unauthorized use or disclosure and that the collection, use, and 
release of PII is in compliance with 5 U.S.C. 552a.
    (h) Develop program standards (PSs) and critical procedures for the 
FAP that reflect a coordinated community risk management approach to 
child abuse and domestic abuse.
    (i) Provide appropriate individualized and rehabilitative treatment 
that supplements administrative or disciplinary action, as appropriate, 
to persons reported to FAP as domestic abusers.
    (j) Maintain a central child abuse and domestic abuse database to:
    (1) Analyze the scope of child abuse and domestic abuse, types of 
abuse, and information about victims and alleged abusers to identify 
emerging trends, and develop changes in policy to address child abuse 
and domestic abuse.
    (2) Support the requirements of DoD Instruction 1402.5, ``Criminal 
History Background Checks on Individuals in Child Care Services'' 
(available at http://www.dtic.mil/whs/directives/corres/pdf/140205p.pdf).
    (3) Support the response to public, congressional, and other 
government inquiries.
    (4) Support budget requirements for child abuse and domestic abuse 
program funding.


Sec.  61.5  Responsibilities.

    (a) The Under Secretary of Defense for Personnel and Readiness 
(USD(P&R)) will:
    (1) Collaborate with the DoD Component heads to establish programs 
and guidance to implement the FAP elements and procedures in Sec.  61.6 
of this subpart.
    (2) Program, budget, and allocate funds and other resources for 
FAP, and ensure that such funds are only used to implement the policies 
described in Sec.  61.6 of this subpart.
    (b) Under the authority, direction, and control of the USD(P&R), 
the Assistant Secretary of Defense for Readiness and Force Management 
(ASD(R&FM)) or designee will review FAP instructions and policies prior 
to USD(P&R) signature.
    (c) Under the authority, direction, and control of the USD(P&R) 
through the ASD(R&FM), the Deputy Assistant Secretary of Defense for 
Military Community and Family Policy (DASD(MC&FP)) will:
    (1) Develop DoD-wide FAP policy, coordinate the management of FAP 
with other programs serving military families, collaborate with federal 
and State agencies addressing FAP issues, and serve on intra-
governmental advisory committees that address FAP-related issues.
    (2) Ensure that the information included in notifications of extra-
familial child sexual abuse in DoD-sanctioned activities is retained 
for 1 month from the date of the initial report to determine whether a 
request for a FACAT in accordance with DoD Instruction 6400.03, 
``Family Advocacy Command Assistance Team'' (available at http://www.dtic.mil/whs/directives/corres/pdf/640003p.pdf) may be forthcoming.
    (3) Monitor and evaluate compliance with this subpart.

[[Page 11782]]

    (4) Review annual summaries of accreditation/inspection reviews 
submitted by the Military Departments.
    (5) Convene an annual DoD Accreditation/Inspection Review Summit to 
review and respond to the findings and recommendations of the Military 
Departments' accreditation/inspection reviews.
    (d) The Secretaries of the Military Departments will:
    (1) Establish DoD Component policy and guidance on the development 
of FAPs, including case management and monitoring of the FAP consistent 
with 10 U.S.C. 1058(b), this subpart, and published FAP guidance, 
including DoD Instruction 6400.06 and DoD 6400.1-M, ``Family Advocacy 
Program Standards and Self-Assessment Tool'' (available at http://www.dtic.mil/whs/directives/corres/pdf/640001m.pdf).
    (2) Designate a FAPM to manage the FAP. The FAPM will have, at a 
minimum:
    (i) A masters or doctoral level degree in the behavioral sciences 
from an accredited U.S. university or college.
    (ii) The highest licensure in good standing by a State regulatory 
board in either social work, psychology, or marriage and family therapy 
that authorizes independent clinical practice.
    (iii) 5 years of post-license experience in child abuse and 
domestic abuse.
    (iv) 3 years of experience supervising licensed clinicians in a 
clinical program.
    (3) Coordinate efforts and resources among all activities serving 
families to promote the optimal delivery of services and awareness of 
FAP services.
    (4) Establish standardized criteria, consistent with DoD 
Instruction 6025.13, ``Medical Quality Assurance (MQA) and Clinical 
Quality Management in the Military Health System (MHS)'' (available at 
http://www.dtic.mil/whs/directives/corres/pdf/602513p.pdf) and DoD 
6025.13-R, ``Military Health System (MHS) Clinical Quality Assurance 
(CQA) Program'' (available at http://www.dtic.mil/whs/directives/corres/pdf/602513r.pdf), for selecting and certifying FAP healthcare 
and social service personnel who provide clinical services to 
individuals and families. Such staff will be designated as healthcare 
providers who may receive restricted reports from victims of domestic 
abuse as set forth in DoD Instruction 6400.06.
    (5) Establish a process for an annual summary of installation 
accreditation/inspection reviews of installation FAP.
    (6) Ensure that installation commanders or Service-equivalent 
senior commanders or their designees:
    (i) Appoint persons at the installation level to manage and 
implement the local FAPs, establish local FACs, and appoint the members 
of IDCs in accordance with DoD 6400.1-M and supporting guidance issued 
by the USD(P&R).
    (ii) Ensure that the installation FAP meets the standards in DoD 
6400.1-M.
    (iii) Ensure that the installation FAP immediately reports 
allegations of a crime to the appropriate law enforcement authority.
    (7) Notify the DASD(MC&FP) of any cases of extra-familial child 
sexual abuse in a DoD-sanctioned activity within 72 hours in accordance 
with the procedures in Sec.  61.6 of this subpart.
    (8) Submit accurate quarterly child abuse and domestic abuse 
incident data from the DoD Component FAP central registry of child 
abuse and domestic abuse incidents to the Director of the Defense 
Manpower Data Center in accordance with DoD 6400.1-M-1, ``Manual for 
Child Maltreatment and Domestic Abuse Incident Reporting System'' 
(available at http://www.dtic.mil/whs/directives/corres/pdf/640001m1.pdf).
    (9) Submit reports of DoD-related fatalities known or suspected to 
have resulted from an act of domestic abuse; child abuse; or suicide 
related to an act of domestic abuse or child abuse on DD Form 2901, 
``Child Abuse or Domestic Violence Related Fatality Notification,'' by 
fax to the number provided on the form in accordance with DoD 
Instruction 6400.06 or by other method as directed by the DASD(MC&FP). 
The DD Form 2901 can be found at http://www.dtic.mil/whs/directives/infomgt/forms/formsprogram.htm.
    (10) Ensure that fatalities known or suspected to have resulted 
from acts of child abuse or domestic violence are reviewed annually in 
accordance with DoD Instruction 6400.06.
    (11) Ensure the annual summary of accreditation/inspection reviews 
of installation FAPs are forwarded to OSD FAP as directed by 
DASD(MC&FP).
    (12) Provide essential data and program information to the USD(P&R) 
to enable the monitoring and evaluation of compliance with this subpart 
in accordance with DoD 6400.1-M-1.
    (13) Ensure that PII collected in the course of FAP activities is 
safeguarded to prevent any unauthorized use or disclosure and that the 
collection, use, and release of PII is in compliance with 5 U.S.C. 
552a, also known as ``The Privacy Act of 1974,'' as implemented in the 
DoD by 32 CFR part 310).


Sec.  61.6  Procedures.

    (a) FAP Elements. FAP requires prevention, education, and training 
efforts to make all personnel aware of the scope of child abuse and 
domestic abuse problems and to facilitate cooperative efforts. The FAP 
will include:
    (1) Prevention. Efforts to prevent child abuse and domestic abuse, 
including public awareness, information and education about the problem 
in general, and the NPSP, in accordance with DoD Instruction 6400.05, 
specifically directed toward potential victims, offenders, non-
offending family members, and mandated reporters of child abuse and 
neglect.
    (2) Direct Services. Identification, treatment, counseling, 
rehabilitation, follow-up, and other services, directed toward the 
victims, their families, perpetrators of abuse, and their families. 
These services will be supplemented locally by:
    (i) A multidisciplinary IDC established to assess incidents of 
alleged abuse and make incident status determinations.
    (ii) A clinical case staff meeting (CCSM) to make recommendations 
for treatment and case management.
    (3) Administration. All services, logistical support, and equipment 
necessary to ensure the effective and efficient operation of the FAP, 
including:
    (i) Developing local memorandums of understanding with civilian 
authorities for reporting cases, providing services, and defining 
responsibilities when responding to child abuse and domestic abuse.
    (ii) Use of personal service contracts to accomplish program goals.
    (iii) Preparation of reports, consisting of incidence data.
    (4) Evaluation. Needs assessments, program evaluation, research, 
and similar activities to support the FAP.
    (5) Training. All educational measures, services, supplies, or 
equipment used to prepare or maintain the skills of personnel working 
in the FAP.
    (b) Responding to FAP Incidents. The USD(P&R) or designee will 
establish procedures for:
    (1) Reporting and responding to suspected child abuse consistent 
with 10 U.S.C. 1787 and 1794, 42 U.S.C. 13031, and 28 CFR part 81.
    (2) Providing victim advocacy services to victims of domestic abuse 
consistent with DoD Instruction 6400.06 and section 534(d)(2) of Public 
Law 103-337, ``National Defense Authorization Act for Fiscal Year 
1995.''
    (3) Responding to restricted and unrestricted reports of domestic 
abuse consistent with DoD Instruction 6400.06 and 10 U.S.C. 1058(b).

[[Page 11783]]

    (4) Collection of FAP data into a central registry and analysis of 
such data in accordance with DoD 6400.1-M-1.
    (5) Coordinating a comprehensive DoD response, including the FACAT, 
to allegations of extra-familial child sexual abuse in a DoD-sanctioned 
activity in accordance with DoD Instruction 6400.03 and 10 U.S.C. 1794.
    (c) Notification of Extra-Familial Child Sexual Abuse in DoD-
Sanctioned Activities. The names of the victim(s) and alleged abuser(s) 
will not be included in the notification. Notification will include:
    (1) Name of the installation.
    (2) Type of child care setting.
    (3) Number of children alleged to be victims.
    (4) Estimated number of potential child victims.
    (5) Whether an installation response team is being convened to 
address the investigative, medical, and public affairs issues that may 
be encountered.
    (6) Whether a request for the DASD(MC&FP) to deploy a FACAT in 
accordance with DoD Instruction 6400.03 is being considered.

Subpart B--FAP Standards

    Authority: 5 U.S.C. 552a, 10 U.S.C. chapter 47, 42 U.S.C. 13031.


Sec.  61.7  Purpose.

    (a) This part is composed of several subparts, each containing its 
own purpose. The purpose of the overall part is to implement policy, 
assign responsibilities, and provide procedures for addressing child 
abuse and domestic abuse in military communities.
    (b) This subpart prescribes uniform program standards (PSs) for all 
installation FAPs.


Sec.  61.8  Applicability.

    This subpart applies to OSD, the Military Departments, 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 (referred to collectively in this 
subpart as the ``DoD Components'').


Sec.  61.9  Definitions.

    Unless otherwise noted, the following terms and their definitions 
are for the purposes of this subpart.
    Alleged abuser. Defined in subpart A of this part.
    Case. One or more reported incidents of suspected child abuse or 
domestic abuse pertaining to the same victim.
    Clinical case staff meeting (CCSM). An installation FAP meeting of 
clinical service providers to assist the coordinated delivery of 
supportive services and clinical treatment in child abuse and domestic 
abuse cases, as appropriate. They provide: clinical consultation 
directed to ongoing safety planning for the victim; the planning and 
delivery of supportive services, and clinical treatment, as 
appropriate, for the victim; the planning and delivery of 
rehabilitative treatment for the alleged abuser; and case management, 
including risk assessment and ongoing safety monitoring.
    Child. Defined in subpart A of this part.
    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.
    Clinical case management. The FAP process of providing or 
coordinating the provision of clinical services, as appropriate, to the 
victim, alleged abuser, and family member in each FAP child abuse and 
domestic abuse incident from entry into until exit from the FAP system. 
It includes identifying risk factors; safety planning; conducting and 
monitoring clinical case assessments; presentation to the Incident 
Determination Committee (IDC); developing and implementing treatment 
plans and services; completion and maintenance of forms, reports, and 
records; communication and coordination with relevant agencies and 
professionals on the case; case review and advocacy; case counseling 
with the individual victim, alleged abuser, and family member, as 
appropriate; other direct services to the victim, alleged abuser, and 
family members, as appropriate; and case transfer or closing.
    Clinical intervention. A continuous risk management process that 
includes identifying risk factors, safety planning, initial clinical 
assessment, formulation of a clinical treatment plan, clinical 
treatment based on assessing readiness for and motivating behavioral 
change and life skills development, periodic assessment of behavior in 
the treatment setting, and monitoring behavior and periodic assessment 
of outside-of-treatment settings.
    Domestic abuse. Domestic violence or a pattern of behavior 
resulting in emotional/psychological abuse, economic control, and/or 
interference with personal liberty that is directed toward a person who 
is:
    (1) A current or former spouse.
    (2) A person with whom the abuser shares a child in common; or
    (3) A current or former intimate partner with whom the abuser 
shares or has shared a common domicile.
    Domestic violence. An offense under the United States Code, the 
Uniform Code of Military Justice (UCMJ), or State law involving the 
use, attempted use, or threatened use of force or violence against a 
person, or a violation of a lawful order issued for the protection of a 
person who is:
    (1) A current or former spouse.
    (2) A person with whom the abuser shares a child in common; or
    (3) A current or former intimate partner with whom the abuser 
shares or has shared a common domicile.
    Family Advocacy Committee (FAC). Defined in subpart A of this part.
    Family Advocacy Command Assistance Team (FACAT). Defined in subpart 
A of this part.
    Family Advocacy Program (FAP). Defined in subpart A of this part.
    High risk for violence. A level of risk describing families or 
individuals experiencing severe abuse or the potential for severe 
abuse, or offenders engaging in high risk behaviors such as making 
threats to cause grievous bodily harm, preventing victim access to 
communication devices, stalking, etc. Such cases require coordinated 
community safety planning that actively involves installation law 
enforcement, command, legal, and FAP.
    Home visitation. A strategy for delivering services to parents in 
their homes to improve child and family functioning.
    Home visitor. A person who provides FAP services to promote child 
and family functioning to parents in their homes.
    IDC. Defined in subpart A of this part.
    Installation. Any more or less permanent post, camp, station, base 
for the support or carrying on of military activities.
    Installation Family Advocacy Program Manager (FAPM). The individual 
at the installation level designated by the installation commander in 
accordance with Service FAP headquarters implementing guidance to 
manage the FAP, supervise FAP staff, and coordinate all FAP activities. 
If the Service FAP headquarters implementing guidance assigns the 
responsibilities of the local

[[Page 11784]]

FAPM between two individuals, the FAPM is the individual who has been 
assigned the responsibility for implementing the specific procedure.
    NPSP. A standardized secondary prevention program under the FAP 
that delivers intensive, voluntary, strengths based home visitation 
services designed specifically for expectant parents and parents of 
children from birth to 3 years of age to reduce the risk of child abuse 
and neglect.
    Non-DoD eligible extrafamilial caregiver. A caregiver who is not 
sponsored or sanctioned by the DoD. It includes nannies, temporary 
babysitters certified by the Red Cross, and temporary babysitters in 
the home, and other non-DoD eligible family members who provide care 
for or supervision of children.
    Non-medical counseling. Short term, non-therapeutic counseling that 
is not appropriate for individuals needing clinical therapy. Non-
medical counseling is supportive in nature and addresses general 
conditions of living, life skills, improving relationships at home and 
at work, stress management, adjustment issues (such as those related to 
returning from a deployment), marital problems, parenting, and grief 
and loss. This definition is not intended to limit the authority of the 
Military Departments to grant privileges to clinical providers 
modifying this scope of care consistent with current Military 
Department policy.
    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 Military Service or Defense 
Agency or authorized by the Service or Defense Agency as a provider of 
care, such as care in a child development center, school, recreation 
program, or family child care. part.
    Primary managing authority (PMA). The installation FAP that has 
primary authority and responsibility for the management and incident 
status determination of reports of child abuse and unrestricted reports 
of domestic abuse.
    Restricted reporting. Defined in subpart A of this part.
    Risk management. The process of identifying risk factors associated 
with increased risk for child abuse or domestic abuse, and controlling 
those factors that can be controlled through collaborative partnerships 
with key military personnel and civilian agencies, including the active 
duty member's commander, law enforcement personnel, child protective 
services, and victim advocates. It includes the development and 
implementation of an intervention plan when significant risk of 
lethality or serious injury is present to reduce the likelihood of 
future incidents and to increase the victim's safety, continuous 
assessment of risk factors associated with the abuse, and prompt 
updating of the victim's safety plan, as needed.
    Safety planning. A process whereby a victim advocate, working with 
a domestic abuse victim, creates a plan, tailored to that victim's 
needs, concerns, and situation, that will help increase the victim's 
safety and help the victim to prepare for, and potentially avoid, 
future violence.
    Service FAP headquarters. The office designated by the Secretary of 
the Military Department to develop and issue Service FAP implementing 
guidance in accordance with DoD policy, manage the Service-level FAP, 
and provide oversight for Service FAP functions.
    Unrestricted reporting. Defined in subpart A of this part.
    Victim. A child or current or former spouse or intimate partner who 
is the subject of an alleged incident of child maltreatment or domestic 
abuse because he/she was allegedly maltreated by the alleged abuser.
    Victim advocate. An employee of the Department of Defense, a 
civilian working under contract for the Department of Defense, or a 
civilian providing services by means of a formal memorandum of 
understanding between a military installation and a local victim 
advocacy service agency, whose role is to provide safety planning 
services and comprehensive assistance and liaison to and for victims of 
domestic abuse, and to educate personnel on the installation regarding 
the most effective responses to domestic abuse on behalf of victims and 
at-risk family members. The advocate may also be a volunteer military 
member, a volunteer civilian employee of the Military Department, or 
staff assigned as collateral duty.


Sec.  61.10  Policy.

    According to subpart A of this part, it is DoD policy to:
    (a) Promote early identification; reporting; and coordinated, 
comprehensive intervention, assessment, and support to victims of child 
abuse and domestic abuse.
    (b) Ensure that personally identifiable information (PII) collected 
in the course of FAP activities is safeguarded to prevent any 
unauthorized use or disclosure and that the collection, use, and 
release of PII is in compliance with 5 U.S.C. 552a.


Sec.  61.11  Responsibilities.

    (a) Under the authority, direction, and control of the USD(P&R) 
through the Assistant Secretary of Defense for Readiness and Force 
Management, the Deputy Assistant Secretary of Defense for Military 
Community and Family Policy (DASD(MC&FP)):
    (1) Monitors compliance with this subpart.
    (2) Collaborates with the Secretaries of the Military Departments 
to develop policies and procedures for monitoring compliance with the 
PSs in Sec.  61.12 of this subpart.
    (3) Convenes an annual DoD Accreditation and Inspection Summit to 
review and respond to the findings and recommendations of the Military 
Departments' accreditation or inspection results.
    (b) The Secretaries of the Military Departments:
    (1) Develop Service-wide FAP policy, supplementary standards, and 
instructions to provide for unique requirements within their respective 
installation FAPs to implement the PSs in this subpart as appropriate.
    (2) Require all installation personnel with responsibilities in 
this subpart receive appropriate training to implement the PSs in Sec.  
61.12 of this subpart.
    (3) Conduct accreditation and inspection reviews outlined in Sec.  
61.12 of this subpart.


Sec.  61.12  Procedures.

    (a) Purposes of the standards--(1) Quality Assurance (QA) to 
address child abuse and domestic abuse. The FAP PSs provide DoD and 
Service FAP headquarters QA guidelines for installation FAP-sponsored 
prevention and clinical intervention programs. Therefore, the PSs 
presented in this section and cross referenced in the Index of FAP 
Topics in the Appendix to Sec.  61.12 represent the minimal necessary 
elements for effectively dealing with child abuse and domestic abuse in 
installation programs in the military community.
    (2) Minimum requirements for oversight, management, logistical 
support, procedures, and personnel requirements. The PSs set forth 
minimum requirements for oversight, management, logistical support, 
procedures, and personnel requirements necessary to ensure all military 
personnel and their family members receive family advocacy services 
from the installation FAPs equal in quality to the best programs 
available to their civilian peers.
    (3) Measuring quality and effectiveness. The PSs provide a basis

[[Page 11785]]

for measuring the quality and effectiveness of each installation FAP 
and for systematically projecting fiscal and personnel resources needed 
to support worldwide DoD FAP efforts.
    (b) Installation response to child abuse and domestic abuse--(1) 
FAC--(i) PS 1: Establishment of the FAC. The installation commander 
must establish an installation FAC and appoint a FAC chairperson in 
accordance with subpart A of this part and Service FAP headquarters 
implementing policies and guidance to serve as the policy-making, 
coordinating, and advisory body to address child abuse and domestic 
abuse at the installation.
    (ii) PS 2: Coordinated community response and risk management plan. 
The FAC must develop and approve an annual plan for the coordinated 
community response and risk management of child abuse and domestic 
abuse, with specific objectives, strategies, and measurable outcomes.
    The plan is based on a review of:
    (A) The most recent installation needs assessment.
    (B) Research-supported protective factors that promote and sustain 
healthy family relationships.
    (C) Risk factors for child abuse and domestic abuse.
    (D) The most recent prevention strategy to include primary, 
secondary, and tertiary interventions.
    (E) Trends in the installation's risk management approach to high 
risk for violence, child abuse, and domestic abuse.
    (F) The most recent accreditation review or DoD Component Inspector 
General inspection of the installation agencies represented on the FAC.
    (G) The evaluation of the installation's coordinated community 
response to child abuse and domestic abuse.
    (iii) PS 3: Monitoring coordinated community response and risk 
management plan. The FAC monitors the implementation of the coordinated 
community response and risk management plan. Such monitoring includes a 
review of:
    (A) The development, signing, and implementation of formal 
memorandums of understanding (MOUs) among military activities and 
between military activities and civilian authorities and agencies to 
address child abuse and domestic abuse.
    (B) Steps taken to address problems identified in the most recent 
accreditation review of the FAP and evaluation of the installation's 
coordinated community response and risk management approach.
    (C) FAP recommended criteria to identify populations at higher risk 
to commit or experience child abuse and domestic abuse, the special 
needs of such populations, and appropriate actions to address those 
needs.
    (D) Effectiveness of the installation coordinated community 
response and risk management approach in responding to high risk for 
violence, child abuse, and domestic abuse incidents.
    (E) Implementation of the installation prevention strategy to 
include primary, secondary, and tertiary interventions.
    (F) The annual report of fatality reviews that Service FAP 
headquarters fatality review teams conduct. The FAC should also review 
the Service FAP headquarters' recommended changes for the coordinated 
community response and risk management approach. The coordinated 
community response will focus on strengthening protective factors that 
promote and sustain healthy family relationships and reduce the risk 
factors for future child abuse and domestic abuse-related fatalities.
    (2) Coordinated Community Response--(i) PS 4: Roles, functions, and 
responsibilities. The FAC must ensure that all installation agencies 
involved with the coordinated community response to child abuse and 
domestic abuse comply with the defined roles, functions, and 
responsibilities in DoD Instruction 6400.06 and the Service FAP 
headquarters implementing policies and guidance.
    (ii) PS 5: MOUs. The FAC must verify that:
    (A) Formal MOUs are established as appropriate with counterparts in 
the local civilian community to improve coordination on: Child abuse 
and domestic abuse investigations; emergency removal of children from 
homes; fatalities; arrests; prosecutions; and orders of protection 
involving military personnel.
    (B) Installation agencies established MOUs setting forth the 
respective roles and functions of the installation and the appropriate 
federal, State, local, or foreign agencies or organizations (in 
accordance with status-of-forces agreements (SOFAs)) that provide:
    (1) Child welfare services, including foster care, to ensure 
ongoing and active collaborative case management between the respective 
courts, child protective services, foster care agencies, and FAP.
    (2) Medical examination and treatment.
    (3) Mental health examination and treatment.
    (4) Domestic abuse victim advocacy.
    (5) Related social services, including State home visitation 
programs when appropriate.
    (6) Safety shelter.
    (iii) PS 6: Collaboration between military installations. The 
installation commander must require that installation agencies have 
collaborated with counterpart agencies on military installations in 
geographical proximity and on joint bases to ensure coordination and 
collaboration in providing child abuse and domestic abuse services to 
military families. Collaboration includes developing MOUs, as 
appropriate.
    (iv) PS 7: Domestic abuse victim advocacy services. The 
installation FAC must establish 24 hour access to domestic abuse victim 
advocacy services through personal or telephone contact in accordance 
with DoD Instruction 6400.06 and Service FAP headquarters implementing 
policy and guidance for restricted reports of domestic abuse and the 
domestic abuse victim advocate services.
    (v) PS 8: Domestic abuse victim advocate personnel requirements. 
The installation commander must require that qualified personnel 
provide domestic abuse victim advocacy services in accordance with DoD 
Instruction 6400.06 and Service FAP headquarters implementing policy 
and guidance.
    (A) Such personnel may include federal employees, civilians working 
under contract for the DoD, civilians providing services through a 
formal MOU between the installation and a local civilian victim 
advocacy service agency, volunteers, or a combination of such 
personnel.
    (B) All domestic abuse victim advocates are supervised in 
accordance with Service FAP headquarters policies.
    (vi) PS 9: 24-hour emergency response plan. An installation 24-hour 
emergency response plan to child abuse and domestic abuse incidents 
must be established in accordance with DoD Instruction 6400.06 and the 
Service FAP headquarters implementing policies and guidance.
    (vii) PS 10: FAP Communication with military law enforcement. The 
FAP and military law enforcement reciprocally provide to one another:
    (A) Within 24 hours, FAP will communicate all reports of child 
abuse involving military personnel or their family members to the 
appropriate civilian child protective services agency or law 
enforcement agency in accordance with subpart A of this part, 42 U.S.C. 
13031, and 28 CFR 81.2.
    (B) Within 24 hours, FAP will communicate all unrestricted reports 
of domestic abuse involving military personnel and their current or 
former spouses or their current or former intimate partners to the 
appropriate

[[Page 11786]]

civilian law enforcement agency in accordance with subpart A of this 
part, 42 U.S.C. 13031, and 28 CFR 81.2.
    (viii) PS 11: Protection of children. The installation FAC in 
accordance with Service FAP headquarters implementing policies and 
guidance must set forth the procedures and criteria for:
    (A) The safety of child victim(s) of abuse or other children in the 
household when they are in danger of continued abuse or life-
threatening child neglect.
    (B) Safe transit of such child(ren) to appropriate care. When the 
installation is located outside the continental United States, this 
includes procedures for transit to a location of appropriate care 
within the United States.
    (C) Ongoing collaborative case management between FAP, relevant 
courts, and child welfare agencies when military children are placed in 
civilian foster care.
    (D) Notification of the affected Service member's command when a 
dependent child has been taken into custody or foster care by local or 
State courts, or child welfare or protection agencies.
    (3) Risk Management--(i) PS 12: PMA. When an installation FAP 
receives a report of a case of child abuse or domestic abuse in which 
the victim is at a different location than the abuser, PMA for the case 
must be:
    (A) In child abuse cases:
    (1) The sponsor's installation when the alleged abuser is the 
sponsor; a non-sponsor DoD-eligible family member; or a non-sponsor, 
status unknown.
    (2) The alleged abuser's installation when the alleged abuser is a 
non-sponsor active duty Service member; a non-sponsor, DoD-eligible 
extrafamilial caregiver; or a DoD-sponsored out-of-home care provider.
    (3) The victim's installation when the alleged abuser is a non-DoD-
eligible extrafamilial caregiver.
    (B) In domestic abuse cases:
    (1) The alleged abuser's installation when both the alleged abuser 
and the victim are active duty Service members.
    (2) The alleged abuser's installation when the alleged abuser is 
the only sponsor.
    (3) The victim's installation when the victim is the only sponsor.
    (4) The installation FAP who received the initial referral when 
both parties are alleged abusers in bi-directional domestic abuse 
involving dual military spouses or intimate partners.
    (ii) PS 13: Risk management approach--(A) All installation agencies 
involved with the installation's coordinated community risk management 
approach to child abuse and domestic abuse must comply with their 
defined roles, functions, and responsibilities in accordance with 42 
U.S.C. 13031 and 28 CFR 81.2 and Service FAP headquarters implementing 
policies and guidance.
    (B) When victim(s) and abuser(s) are assigned to different 
servicing FAPs or are from different Services, the PMA is assigned 
according to PS 12 (paragraph (b)(3)(i) of this section), and both 
serving FAP offices and Services are kept informed of the status of the 
case, regardless of who has PMA.
    (iii) PS 14: Risk assessments. FAP conducts risk assessments of 
alleged abusers, victims, and other family members to assess the risk 
of re-abuse, and communicate any increased levels of risk to 
appropriate agencies for action, as appropriate. Risk assessments are 
conducted:
    (A) At least quarterly on all open FAP cases.
    (B) Monthly on FAP cases assessed as high risk and those involving 
court involved children placed in out-of-home care, child sexual abuse, 
and chronic child neglect.
    (C) Within 30 days of any change since the last risk assessment 
that presents increased risk to the victim or warrants additional 
safety planning.
    (iv) PS 15: Disclosure of information in risk assessments. 
Protected information collected during FAP referrals, intake, and risk 
assessments is only disclosed in accordance with DoD 6025.18-R, ``DoD 
Health Information Privacy Regulation'' (available at http://www.dtic.mil/whs/directives/corres/pdf/602518r.pdf) when applicable, 32 
CFR part 310, and the Service FAP headquarters implementing policies 
and guidance.
    (v) PS 16: Risk management and deployment. Procedures are 
established to manage child abuse and domestic abuse incidents that 
occur during the deployment cycle of a Service member, in accordance 
with subpart A of this part and DoD Instruction 6400.06, and Service 
FAP headquarters implementing policies and guidance, so that when an 
alleged abuser Service member in an active child abuse or domestic 
abuse case is deployed:
    (A) The forward command notifies the home station command when the 
deployed Service member will return to the home station command.
    (B) The home station command implements procedures to reduce the 
risk of subsequent child abuse and domestic abuse during the 
reintegration of the Service member into the FAP case management 
process.
    (4) IDC--(i) PS 17: IDC established. An installation IDC must be 
established to review reports of child abuse and unrestricted reports 
of domestic abuse.
    (ii) PS 18: IDC operations. The IDC reviews reports of child abuse 
and unrestricted reports of domestic abuse to determine whether the 
reports meet the criteria for entry into the Service FAP headquarters 
central registry of child abuse and domestic abuse incidents in 
accordance with subpart A of this part and Service FAP headquarters 
implementing policies and guidance.
    (iii) PS 19: Responsibility for training FAC and IDC members. All 
FAC and IDC members must receive:
    (A) Training on their roles and responsibilities before assuming 
their positions on their respective teams.
    (B) Periodic information and training on DoD policies and Service 
FAP headquarters policies and guidance.
    (iv) PS 20: IDC QA. An IDC QA process must be established for 
monitoring and QA review of IDC decisions in accordance with Service 
FAP headquarters implementing policy and guidance.
    (c) Organization and management of the FAP--(1) General 
organization of the FAP--(i) PS 21: Establishment of the FAP. The 
installation commander must establish a FAP to address child abuse and 
domestic abuse in accordance with DoD policy and Service FAP 
headquarters implementing policies and guidance.
    (ii) PS 22: Operations policy. The installation FAC must ensure 
coordination among the following key agencies interacting with the FAP 
in accordance with subpart A of this part and Service FAP headquarters 
implementing policies and guidance:
    (A) Family center(s).
    (B) Substance abuse program(s).
    (C) Sexual assault and prevention response programs.
    (D) Child and youth program(s).
    (E) Program(s) that serve families with special needs.
    (F) Medical treatment facility, including:
    (1) Mental health and behavioral health personnel.
    (2) Social services personnel.
    (3) Dental personnel.
    (G) Law enforcement.
    (H) Criminal investigative organization detachment.
    (I) Staff judge advocate or servicing legal office.
    (J) Chaplain(s).
    (K) Department of Defense Education Activity (DoDEA) school 
personnel.
    (L) Military housing personnel.
    (M) Transportation office personnel.
    (iii) PS 23: Appointment of an installation FAPM. The installation

[[Page 11787]]

commander must appoint in writing an installation FAPM to implement and 
manage the FAP. The FAPM must direct the development, oversight, 
coordination, administration, and evaluation of the installation FAP in 
accordance with subpart A of this part and Service FAP headquarters 
implementing policy and guidance.
    (iv) PS 24: Funding. Funds received for child abuse and domestic 
abuse prevention and treatment activities must be programmed and 
allocated in accordance with the DoD and Service FAP headquarters 
implementing policies and guidance, and the plan developed under PS 3, 
described in paragraph (b)(1)(ii) of this section.
    (A) Funds that OSD provides for the FAP must be used in direct 
support of the prevention and intervention for domestic abuse and child 
maltreatment; including management, staffing, domestic abuse victim 
advocate services, public awareness, prevention, training, intensive 
risk-focused secondary prevention services, intervention, record 
keeping, and evaluation as set forth in this subpart.
    (B) Funds that OSD provides for the NPSP must be used only for 
secondary prevention activities to support the screening, assessment, 
and provision of home visitation services to prevent child abuse and 
neglect in vulnerable families in accordance with DoD Instruction 
6400.05.
    (v) PS 25: Other resources. FAP services must be housed and 
equipped in a manner suitable to the delivery of services, including 
but not limited to:
    (A) Adequate telephones.
    (B) Office automation equipment.
    (C) Handicap accessible.
    (D) Access to emergency transport.
    (E) Private offices and rooms available for interviewing and 
counseling victims, alleged abusers, and other family members in a safe 
and confidential setting.
    (F) Appropriate equipment for 24/7 accessibility.
    (2) FAP personnel--(i) PS 26: Personnel requirements. The 
installation commander is responsible for ensuring there are a 
sufficient number of qualified FAP personnel in accordance with subpart 
A of this part, DoD Instruction 6400.06, and DoD Instruction 6400.05, 
and Service FAP headquarters implementing policy and guidance. FAP 
personnel may consist of military personnel on active duty, employees 
of the federal civil service, contractors, volunteers, or a combination 
of such personnel.
    (ii) PS 27: Criminal history record check. All FAP personnel whose 
duties involve services to children require a criminal history record 
check in accordance with DoD Instruction 1402.5, ``Criminal History 
Background Checks on Individuals in Child Care Services'' (available at 
http://www.dtic.mil/whs/directives/corres/pdf/140205p.pdf).
    (iii) PS 28: Clinical staff qualifications. All FAP personnel who 
conduct clinical assessment of or provide clinical treatment to victims 
of child abuse or domestic abuse, alleged abusers, or their family 
members must have all of the following minimum qualifications:
    (A) A Master in Social Work, Master of Science, Master of Arts, or 
doctoral-level degree in human service or mental health from an 
accredited university or college.
    (B) The highest licensure in a State or clinical licensure in good 
standing in a State that authorizes independent clinical practice.
    (C) Two years of experience working in the field of child abuse and 
domestic abuse.
    (D) Clinical privileges or credentialing in accordance with Service 
FAP headquarters policies.
    (iv) PS 29: Prevention and Education Staff Qualifications. All FAP 
personnel who provide prevention and education services must have the 
following minimum qualifications:
    (A) A Bachelor's degree from an accredited university or college in 
any of the following disciplines:
    (1) Social work.
    (2) Psychology.
    (3) Marriage, family, and child counseling.
    (4) Counseling or behavioral science.
    (5) Nursing.
    (6) Education.
    (7) Community health or public health.
    (B) Two years of experience in a family and children's services 
public agency or family and children's services community organization, 
1 year of which is in prevention, intervention, or treatment of child 
abuse and domestic abuse.
    (C) Supervision by a qualified staff person in accordance with the 
Service FAP headquarters policies.
    (v) PS 30: Victim advocate staff qualifications. All FAP personnel 
who provide victim advocacy services must have these minimum 
qualifications:
    (A) A Bachelor's degree from an accredited university or college in 
any of the following disciplines:
    (1) Social work.
    (2) Psychology.
    (3) Marriage, family, and child counseling.
    (4) Counseling or behavioral science.
    (5) Criminal justice.
    (B) Two years of experience in assisting and providing advocacy 
services to victims of domestic abuse or sexual assault.
    (C) Supervision by a Master's level social worker.
    (vi) PS 31: NPSP staff qualifications. All FAP personnel who 
provide services in the NPSP must have qualifications in accordance 
with DoD Instruction 6400.05.
    (3) Safety and home visits--(i) PS 32: Internal and external duress 
system established. The installation FAPM must establish a system to 
identify and manage potentially violent clients and to promote the 
safety and reduce the risk of harm to staff working with clients and to 
others inside the office and when conducting official business outside 
the office.
    (ii) PS 33: Protection of home visitors. The installation FAPM 
must:
    (A) Issue written FAP procedures to ensure minimal risk and 
maximize personal safety when FAP or NPSP staff perform home visits.
    (B) Require that all FAP and NPSP personnel who conduct home visits 
are trained in FAP procedures to ensure minimal risk and maximize 
personal safety before conducting a home visit.
    (iii) PS 34: Home visitors' reporting of known or suspected child 
abuse and domestic abuse. All FAP and NPSP personnel who conduct home 
visits are to report all known or suspected child abuse in accordance 
with subpart A of this part and 42 U.S.C. 13031, and domestic abuse in 
accordance with DoD Instruction 6400.06 and the Service FAP 
headquarters implementing policy and guidance.
    (4) Management information system--(i) PS 35: Management 
information system policy. The installation FAPM must establish 
procedures for the collection, use, analysis, reporting, and 
distributing of FAP information in accordance with subpart A of this 
part, DoD 6025.18-R, 32 CFR part 310, DoD 6400.1-M-1 and Service FAP 
headquarters implementing policy. These procedures ensure:
    (A) Accurate and comparable statistics needed for planning, 
implementing, assessing, and evaluating the installation coordinated 
community response to child abuse and domestic abuse.
    (B) Identifying unmet needs or gaps in services.
    (C) Determining installation FAP resource needs and budget.
    (D) Developing installation FAP guidance.
    (E) Administering the installation FAP.

[[Page 11788]]

    (F) Evaluating installation FAP activities.
    (ii) PS 36: Reporting of statistics. The FAP reports statistics 
annually to the Service FAP headquarters in accordance with subpart A 
of this part and the Service FAP headquarters implementing policies and 
guidance, including the accurate and timely reporting of:
    (A) FAP metrics--(1) The number of new commanders at the 
installation whom the Service FAP headquarters determined must receive 
the FAP briefing, and the number of new commanders who received the FAP 
briefing within 90 days of taking command.
    (2) The number of senior noncommissioned officers (NCOs) in pay 
grades E-7 and higher whom the Service FAP headquarters determined must 
receive the FAP briefing annually, and the number of senior NCOs who 
received the FAP briefing within the year.
    (B) NPSP metric--(1) The number of high risk families who began 
receiving NPSP intensive services (two contacts per month) for at least 
6 months in the previous fiscal year.
    (2) The number of these families with no reports of child 
maltreatment incidents that met criteria for abuse for entry into the 
central registry (formerly, ``substantiated reports'') within 12 months 
after their NPSP services ended, in accordance with DoD Instruction 
6400.05.
    (C) Domestic abuse treatment metric--(1) The number of allegedly 
abusive spouses in incidents that met FAP criteria for domestic abuse 
who began receiving and successfully completed FAP clinical treatment 
services during the previous fiscal year.
    (2) The number of these spouses who were not reported as allegedly 
abusive in any domestic abuse incidents that met FAP criteria within 12 
months after FAP clinical services ended.
    (D) Domestic abuse victim advocacy metrics. The number of domestic 
abuse victims:
    (1) Who receive domestic abuse victim advocacy services, and of 
those, the respective totals of domestic abuse victims who receive such 
services from domestic abuse victim advocates or from FAP clinical 
staff.
    (2) Who initially make restricted reports to domestic abuse victim 
advocates and the total of domestic abuse victims who initially make 
restricted reports to FAP clinical staff, and of each of those, the 
total of domestic abuse victims who report being sexually assaulted.
    (3) Whose initially restricted reports to domestic abuse victim 
advocates became unrestricted reports, and the total of domestic abuse 
victims whose initially restricted reports to FAP clinical staff became 
unrestricted reports.
    (4) Initially making unrestricted reports to domestic abuse victim 
advocates and making unrestricted reports to FAP clinical staff and, of 
each of those, the total of domestic abuse victims who report being 
sexually assaulted.
    (d) Public awareness, prevention, NPSP, and training--(1) Public 
awareness activities--(i) PS 37: Implementation of public awareness 
activities in the coordinated community response and risk management 
plan. The FAP public awareness activities highlight community 
strengths; promote FAP core concepts and messages; advertise specific 
services; use appropriate available techniques to reach out to the 
military community, especially to military families who reside outside 
of the military installation; and are customized to the local 
population and its needs.
    (ii) PS 38: Collaboration to increase public awareness of child 
abuse and domestic abuse. The FAP partners and collaborates with other 
military and civilian organizations to conduct public awareness 
activities.
    (iii) PS 39: Components of public awareness activities. The 
installation public awareness activities promote community awareness 
of:
    (A) Protective factors that promote and sustain healthy parent/
child relationships.
    (1) The importance of nurturing and attachment in the development 
of young children.
    (2) Infant, childhood, and teen development.
    (3) Programs, strategies, and opportunities to build parental 
resilience.
    (4) Opportunities for social connections and mutual support.
    (5) Programs and strategies to facilitate children's social and 
emotional development.
    (6) Information about access to community resources in times of 
need.
    (B) The dynamics of risk factors for different types of child abuse 
and domestic abuse, including information for teenage family members on 
teen dating violence.
    (C) Developmentally appropriate supervision of children.
    (D) Creating safe sleep environments for infants.
    (E) How incidents of suspected child abuse should be reported in 
accordance with subpart A of this part, 42 U.S.C. 13031, 28 CFR 81.2, 
and DoD Instruction 6400.03, ``Family Advocacy Command Assistance 
Team'' (available at http://www.dtic.mil/whs/directives/corres/pdf/640003p.pdf) and the Service FAP headquarters implementing policy and 
guidance.
    (F) The availability of domestic abuse victim advocates.
    (G) Hotlines and crisis lines that provide 24/7 support to families 
in crisis.
    (H) How victims of domestic abuse may make restricted reports of 
incidents of domestic abuse in accordance with DoD Instruction 6400.06.
    (I) The availability of FAP clinical assessment and treatment.
    (J) The availability of NPSP home visitation services.
    (K) The availability of transitional compensation for victims of 
child abuse and domestic abuse in accordance with DoD Instruction 
1342.24, ``Transitional Compensation for Abused Dependents'' (available 
at http://www.dtic.mil/whs/directives/corres/pdf/134224p.pdf) and 
Service FAP headquarters implementing policy and guidance.
    (2) Prevention activities--(i) PS 40: Implementation of prevention 
activities in the coordinated community response and risk management 
plan. The FAP implements coordinated child abuse and domestic abuse 
primary and secondary prevention activities identified in the annual 
plan.
    (ii) PS 41: Collaboration for prevention of child abuse and 
domestic abuse. The FAP collaborates with other military and civilian 
organizations to implement primary and secondary child abuse and 
domestic abuse prevention programs and services that are available on a 
voluntary basis to all persons eligible for services in a military 
medical treatment facility.
    (iii) PS 42: Primary prevention activities. Primary prevention 
activities include, but are not limited to:
    (A) Information, classes, and non-medical counseling as defined in 
Sec.  61.3 to assist Service members and their family members in 
strengthening their interpersonal relationships and marriages, in 
building their parenting skills, and in adapting successfully to 
military life.
    (B) Proactive outreach to identify and engage families during pre-
deployment, deployment, and reintegration to decrease the negative 
effects of deployment and other military operations on parenting and 
family dynamics.
    (C) Family strengthening programs and activities that facilitate 
social connections and mutual support, link families to services and 
opportunities for growth, promote children's social

[[Page 11789]]

and emotional development, promote safe, stable, and nurturing 
relationships, and encourage parental involvement.
    (iv) PS 43: Identification of populations for secondary prevention 
activities. The FAP identifies populations at higher risk for child 
abuse or domestic abuse from a review of:
    (A) Relevant research findings.
    (B) One or more relevant needs assessments in the locality.
    (C) Data from unit deployments and returns from deployment.
    (D) Data of expectant parents and parents of children 3 years of 
age or younger.
    (E) Lessons learned from Service FAP headquarters and local 
fatality reviews.
    (F) Feedback from the FAC, the IDC, and the command.
    (v) PS 44: Secondary prevention activities. The FAP implements 
secondary prevention activities that are results-oriented and evidence-
supported, stress the positive benefits of seeking help, promote 
available resources to build and sustain protective factors for healthy 
family relationships, and reduce risk factors for child abuse or 
domestic abuse. Such activities include, but are not limited to:
    (A) Educational classes and counseling to assist Service members 
and their family members with troubled interpersonal relationships and 
marriages in improving their interpersonal relationships and marriages.
    (B) The NPSP, in accordance with DoD Instruction 6400.05 and 
Service FAP headquarters implementing policy and guidance.
    (C) Educational classes and counseling to help improve the 
parenting skills of Service members and their family members who 
experience parenting problems.
    (D) Health care screening for domestic abuse.
    (E) Referrals to essential services, supports, and resources when 
needed.
    (3) NPSP--(i) PS 45: Referrals to NPSP. The installation FAPM 
ensures that expectant parents and parents with children ages 0-3 years 
may self-refer to the NPSP or be encouraged to participate by a health 
care provider, the commander of an active duty Service member who is a 
parent or expectant parent, staff of a family support program, or 
community professionals.
    (ii) PS 46: Informed Consent for NPSP. The FAPM ensures that 
parents who ask to participate in the NPSP are provided informed 
consent in accordance with subpart A of this part and DoD Instruction 
6400.05 and Service FAP headquarters implementing policy and guidance 
to be:
    (A) Voluntarily screened for factors that may place them at risk 
for child abuse and domestic abuse.
    (B) Further assessed using standardized and more in-depth 
measurements if the screening indicates potential for risk.
    (C) Receive home visits and additional NPSP services as 
appropriate.
    (D) Assessed for risk on a continuing basis.
    (iii) PS 47: Eligibility for NPSP. Pending funding and staffing 
capabilities, the installation FAPM ensures that qualified NPSP 
personnel offer intensive home visiting services on a voluntary basis 
to expectant parents and parents with children ages 0-3 years who:
    (A) Are eligible to receive services in a military medical 
treatment facility.
    (B) Have been assessed by NPSP staff as:
    (1) At-risk for child abuse or domestic abuse.
    (2) Displaying some indicators of high risk for child abuse or 
domestic abuse, but whose overall assessment does not place them in the 
at-risk category.
    (3) Having been reported to FAP for an incident of abuse of a child 
age 0-3 years in their care who have previously received NPSP services.
    (iv) PS 48: Review of NPSP screening. Results of NPSP screening are 
reviewed within 3 business days of completion. If the screening 
indicates potential for risk, parents are invited to participate in 
further assessment by a NPSP home visitor using standardized and more 
in-depth measurements.
    (v) PS 49: NPSP services. The NPSP offers expectant parents and 
parents with children ages 0-3, who are eligible for the NPSP, access 
to intensive home visiting services that:
    (A) Are sensitive to cultural attitudes and practices, to include 
the need for interpreter or translation services.
    (B) Are based on a comprehensive assessment of research-based 
protective and risk factors.
    (C) Emphasize developmentally appropriate parenting skills that 
build on the strengths of the parent(s).
    (D) Support the dual roles of the parent(s) as Service member(s) 
and parent(s).
    (E) Promote the involvement of both parents when applicable.
    (F) Decrease any negative effects of deployment and other military 
operations on parenting.
    (G) Provide education to parent(s) on how to adapt to parenthood, 
children's developmental milestones, age-appropriate expectations for 
their child's development, parent-child communication skills, parenting 
skills, and effective discipline techniques.
    (H) Empower parents to seek support and take steps to build 
proactive coping strategies in all domains of family life.
    (I) Provide referral to additional community resources to meet 
identified needs.
    (vi) PS 50: NPSP protocol. The installation FAPM ensures that NPSP 
personnel implement the Service FAP headquarters protocol for NPSP 
services, including the NPSP intervention plan with clearly measurable 
goals, based on needs identified by the standard screening instrument, 
assessment tools, the NPSP staff member's clinical assessment, and 
active input from the family.
    (vii) PS 51: Frequency of NPSP home visits. NPSP personnel exercise 
professional judgment in determining the frequency of home visits based 
on the assessment of the family, but make a minimum of two home visits 
to each family per month. If at least two home visits are not provided 
to a high risk family enrolled in the program, NPSP personnel will 
document what circumstance(s) occurred to preclude twice monthly home 
visits and what services/contacts were provided instead.
    (viii) PS 52: Continuing NPSP risk assessment. The installation 
FAPM ensures that NPSP personnel assess risk and protective factors 
impacting parents receiving NPSP home visitation services on an ongoing 
basis to continuously monitor progress toward intervention goals.
    (ix) PS 53: Opening, transferring, or closing NPSP cases. The 
installation FAPM ensures that NPSP cases are opened, transferred, or 
closed in accordance with Service FAP headquarters policy and guidance.
    (x) PS 54: Disclosure of information in NPSP cases. Information 
gathered during NPSP screening, clinical assessments, and in the 
provision of supportive services or treatment that is protected from 
disclosure under 5 U.S.C. 552a, DoD 6025.18-R, and 32 CFR part 310 is 
only disclosed in accordance with 5 U.S.C. 552a, DoD 6025.18-R, 32 CFR 
part 310, and the Service FAP headquarters implementing policies and 
guidance.
    (4) Training--(i) PS 55: Implementation of training requirements. 
The FAP implements coordinated training activities for commanders, 
senior enlisted advisors, Service members, and their family members, 
DoD civilians, and contractors.
    (ii) PS 56: Training for commanders and senior enlisted advisors. 
The

[[Page 11790]]

installation commander or senior mission commander must require that 
qualified FAP trainers defined in accordance with Service FAP 
headquarters implementing policy and guidance provide training on the 
prevention of and response to child abuse and domestic abuse to:
    (A) Commanders within 90 days of assuming command.
    (B) Annually to NCOs who are senior enlisted advisors.
    (iii) PS 57: Training for other installation personnel. Qualified 
FAP trainers as defined in accordance with Service FAP headquarters 
implementing policy and guidance conduct training (or help provide 
subject matter experts who conduct training) on child abuse and 
domestic abuse in the military community to installation:
    (A) Law enforcement and investigative personnel.
    (B) Health care personnel.
    (C) Sexual assault prevention and response personnel.
    (D) Chaplains.
    (E) Personnel in DoDEA schools.
    (F) Personnel in child development centers.
    (G) Family home care providers.
    (H) Personnel and volunteers in youth programs.
    (I) Family center personnel.
    (J) Service members.
    (iv) PS 58: Content of training. FAP training for personnel, as 
required by PS 56 and PS 57, located at paragraphs (d)(4)(ii) and 
(d)(4)(iii) of this section, includes:
    (A) Research-supported protective factors that promote and sustain 
healthy family relationships.
    (B) Risk factors for and the dynamics of child abuse and domestic 
abuse.
    (C) Requirements and procedures for reporting child abuse in 
accordance with subpart A of this part, 42 U.S.C. 13031, 28 CFR 81.2, 
and DoD Instruction 6400.03.
    (D) The availability of domestic abuse victim advocates and 
response to restricted and unrestricted reports of incidents of 
domestic abuse in accordance with DoD Instruction 6400.06.
    (E) The dynamics of domestic abuse, reporting options, safety 
planning, and response unique to the military culture that establishes 
and supports competence in performing core victim advocacy duties.
    (F) Roles and responsibilities of the FAP and the command under the 
installation's coordinated community response to a report of a child 
abuse, including the response to a report of child sexual abuse in a 
DoD sanctioned child or youth activity in accordance with subpart A of 
this part and DoD 6400.1-M-1, or domestic abuse incident, and actions 
that may be taken to protect the victim in accordance with subpart A of 
this part and DoD Instruction 6400.06.
    (G) Available resources on and off the installation that promote 
protective factors and support families at risk before abuse occurs.
    (H) Procedures for the management of child abuse and domestic abuse 
incidents that happen before a Service member is deployed, as set forth 
in PS 16, located at paragraph (b)(3)(v) of this section.
    (I) The availability of transitional compensation for victims of 
child abuse and domestic abuse in accordance with 5 U.S.C. 552a and DoD 
Instruction 6400.03, and Service FAP headquarters implementing policy 
and guidance.
    (v) PS 59: Additional FAP training for NPSP personnel. The 
installation FAPM ensures that all personnel offering NPSP services are 
trained in the content specified in PS 58, located at paragraph 
(d)(4)(iv) of this section, and in DoD Instruction 6400.05.
    (e) FAP Response to incidents of child abuse or domestic abuse--(1) 
Reports of child abuse--(i) PS 60: Responsibilities in responding to 
reports of child abuse. The installation commander in accordance with 
subpart A of this part and Service FAP headquarters implementing policy 
and guidance must issue local policy that specifies the installation 
procedures for responding to reports of:
    (A) Suspected incidents of child abuse in accordance with subpart A 
of this part, 42 U.S.C. 13031, 28 CFR 81.2, and Service FAP 
headquarters implementing policies and guidance, federal and State 
laws, and applicable SOFAs.
    (B) Suspected incidents of child abuse involving students, ages 3-
18, enrolled in a DoDEA school or any children participating in DoD-
sanctioned child or youth activities or programs.
    (C) Suspected incidents of the sexual abuse of a child in DoD-
sanctioned child or youth activities or programs that must be reported 
to the DASD(MC&FP) in accordance with DoD Instruction 6400.03 and 
Service FAP headquarters implementing policies and guidance.
    (D) Suspected incidents involving fatalities or serious injury 
involving child abuse that must be reported to OSD FAP in accordance 
with subpart A of this part and Service FAP headquarters implementing 
policies and guidance.
    (ii) PS 61: Responsibilities during emergency removal of a child 
from the home. (A) In responding to reports of child abuse, the FAP 
complies with subpart A of this part and Service FAP headquarters 
implementing policy and guidance and installation policies, procedures, 
and criteria set forth under PS 11, located at paragraph (b)(2)(vii) of 
this section, during emergency removal of a child from the home.
    (B) The FAP provides ongoing and direct case management and 
coordination of care of children placed in foster care in collaboration 
with the child welfare and foster care agency, and will not close the 
FAP case until a permanency plan for all involved children is in place.
    (iii) PS 62: Coordination with other authorities to protect 
children. The FAP coordinates with military and local civilian law 
enforcement agencies, military investigative agencies, and civilian 
child protective agencies in response to reports of child abuse 
incidents in accordance with subpart A of this part, 42 U.S.C. 13031, 
28 CFR 81.2, and DoD 6400.1-M-1 and appropriate MOUs under PS 5, 
located at paragraph (b)(2)(i) of this section.
    (iv) PS 63: Responsibilities in responding to reports of child 
abuse involving infants and toddlers from birth to age 3. Services and 
support are delivered in a developmentally appropriate manner to 
infants and toddlers, and their families who come to the attention of 
FAP to ensure decisions and services meet the social and emotional 
needs of this vulnerable population.
    (A) FAP makes a direct referral to the servicing early intervention 
agency, such as the Educational and Developmental Intervention Services 
(EDIS) where available, for infants and toddlers from birth to 3 years 
of age who are involved in an incident of child abuse in accordance 
with 20 U.S.C. 921 through 932 and chapter 33.
    (B) FAP provides ongoing and direct case management services to 
families and their infants and toddlers placed in foster care or other 
out-of-home placements to ensure the unique developmental, physical, 
social-emotional, and mental health needs are addressed in child 
welfare-initiated care plans.
    (v) PS 64: Assistance in responding to reports of multiple victim 
child sexual abuse in dod sanctioned out-of-home care. (A) The 
installation FAPM assists the installation commander in assessing the 
need for and implementing procedures for requesting deployment of a DoD 
FACAT in cases of multiple-victim child sexual abuse occurring in DoD-
sanctioned or operated activities, in accordance with DoD Instruction

[[Page 11791]]

6400.03 and Service FAP headquarters implementing policies and 
guidance.
    (B) The installation FAPM acts as the installation coordinator for 
the FACAT before it arrives at the installation.
    (2) PS 65: Responsibilities in Responding to Reports of Domestic 
Abuse. Installation procedures for responding to unrestricted and 
restricted reports of domestic abuse are established in accordance with 
DoD Instruction 6400.06 and Service FAP headquarters implementing 
policy and guidance.
    (3) Informed consent--(i) PS 66: Informed consent for FAP clinical 
assessment, intervention services, and supportive services or clinical 
treatment. Every person referred for FAP clinical intervention and 
supportive services must give informed consent for such assessment or 
services. Clients are considered voluntary, non-mandated recipients of 
services except when the person is:
    (A) Issued a lawful order by a military commander to participate.
    (B) Ordered by a court of competent jurisdiction to participate.
    (C) A child, and the parent or guardian has authorized such 
assessment or services.
    (ii) PS 67: Documentation of informed consent. FAP staff document 
that the person gave informed consent in the FAP case record, in 
accordance with DoD Instruction 6400.06 and the Service FAP 
headquarters implementing policies and guidance.
    (iii) PS 68: Privileged communication. Every person referred for 
FAP clinical intervention and support services is informed of their 
right to the provisions of privileged communication by specified 
service providers in accordance with Military Rules of Evidence 513 and 
514 in the Manual for Courts Martial, current edition (available at 
http://www.apd.army.mil/pdffiles/mcm.pdf, Section III, pages III-34 to 
III-36.).
    (4) Clinical case management and risk management--(i) PS 69: FAP 
case manager. A clinical service provider is assigned to each FAP 
referral immediately when the case enters the FAP system in accordance 
with Service FAP headquarters implementing policy and guidance.
    (ii) PS 70: Initial risk monitoring. FAP monitoring of the risk of 
further abuse begins when the report of suspected child abuse or 
domestic abuse is received and continues through the initial clinical 
assessment. The FAP case manager requests information from a variety of 
sources, in addition to the victim and the abuser (whether alleged or 
adjudicated), to identify additional risk factors and to clarify the 
context of the use of any violence, and ascertains the level of risk 
and the risk of lethality using standardized instruments in accordance 
with subpart A of this part and DoD Instruction 6400.06, and Service 
FAP headquarters policies and guidance.
    (iii) PS 71: Ongoing risk assessment. (A) FAP risk assessment is 
conducted from the clinical assessment until the case closes:
    (1) During each contact with the victim;
    (2) During each contact with the abuser (whether alleged or 
adjudicated);
    (3) Whenever the abuser is alleged to have committed a new incident 
of child abuse or domestic abuse;
    (4) During significant transition periods for the victim or abuser;
    (5) When destabilizing events for the victim or abuser occur; or
    (6) When any clinically relevant issues are uncovered during 
clinical intervention services.
    (B) The FAP case manager monitors risk at least quarterly when 
civilian agencies provide the clinical intervention services or child 
welfare services through MOUs with such agencies.
    (C) The FAP case manager monitors risk at least monthly when the 
case is high risk or involves chronic child neglect or child sexual 
abuse.
    (iv) PS 72: Communication of increased risk. The FAPM communicates 
increases in risk or risk of lethality to the appropriate commander(s), 
law enforcement, or civilian officials. FAP clinical staff assess 
whether the increased risk requires the victim or the victim advocate 
to be urged to review the victim's safety plan.
    (5) Clinical assessment--(i) PS 73: Clinical assessment policy. The 
installation FAPM establishes procedures for the prompt clinical 
assessment of victims, abusers (whether alleged or adjudicated), and 
other family members, who are eligible to receive treatment in a 
military medical facility, in reports of child abuse and unrestricted 
reports of domestic abuse in accordance with subpart A of this part and 
DoD 6025.18-R when applicable and Service FAP headquarters policies and 
guidance, including:
    (A) A prompt response based on the severity of the alleged abuse 
and further risk of child abuse or domestic abuse.
    (B) Developmentally appropriate clinical tools and measures to be 
used, including those that take into account relevant cultural 
attitudes and practices.
    (C) Timelines for FAP staff to complete the assessment of an 
alleged abuse incident.
    (ii) PS 74: Gathering and disclosure of information. Service 
members who conduct clinical assessments and provide clinical services 
to Service member abusers (whether alleged or adjudicated) must adhere 
to Service policies with respect to advisement of rights in accordance 
with 10 U.S.C. chapter 47, also known as ``The Uniform Code of Military 
Justice''. Clinical service providers must also seek guidance from the 
servicing legal office when a question of applicability arises. Before 
obtaining information about and from the person being assessed, FAP 
staff fully discuss with such person:
    (A) The nature of the information that is being sought.
    (B) The sources from which such information will be sought.
    (C) The reason(s) why the information is being sought.
    (D) The circumstances in accordance with 5 U.S.C. 552a, DoD 
6025.18-R, 32 CFR part 310, and Service FAP headquarters policies and 
guidance under which the information may be released to others.
    (E) The procedures under 5 U.S.C. 552a, DoD 6025.18-R, 32 CFR part 
310, and Service FAP headquarters policies and guidance for requesting 
the person's authorization for such information.
    (F) The procedures under 5 U.S.C. 552a, DoD 6025.18-R, 32 CFR part 
310, and Service FAP headquarters policies and guidance by which a 
person may request access to his or her record.
    (iii) PS 75: Components of clinical assessment. FAP staff conducts 
or ensures that a clinical service provider conducts a clinical 
assessment of each victim, abuser (whether alleged or adjudicated), and 
other family member who is eligible for treatment in a military medical 
treatment facility, in accordance with PS 73, located at paragraph 
(e)(5)(i) of this section, including:
    (A) An interview.
    (B) A review of pertinent records.
    (C) A review of information obtained from collateral contacts, 
including but not limited to medical providers, schools, child 
development centers, and youth programs.
    (D) A psychosocial assessment, including developmentally 
appropriate assessment tools for infants, toddlers, and children.
    (E) An assessment of the basic health, developmental, safety, and 
special health and mental health needs of infants and toddlers.
    (F) An assessment of the presence and balance of risk and 
protective factors.

[[Page 11792]]

    (G) A safety assessment.
    (H) A lethality assessment.
    (iv) PS 76: Ethical conduct in clinical assessments. When 
conducting FAP clinical assessments, FAP staff treat those being 
clinically assessed with respect, fairness, and in accordance with 
professional ethics.
    (6) Intervention strategy and treatment plan--(i) PS 77: 
Intervention strategy and treatment plan for the alleged abuser. The 
FAP case manager prepares an appropriate intervention strategy based on 
the clinical assessment for every abuser (whether alleged or 
adjudicated) who is eligible to receive treatment in a military 
treatment facility and for whom a FAP case is opened. The intervention 
strategy documents the client's goals for self, the level of client 
involvement in developing the treatment goals, and recommends 
appropriate:
    (A) Actions that may be taken by appropriate authorities under the 
coordinated community response, including safety and protective 
measures, to reduce the risk of another act of child abuse or domestic 
abuse, and the assignment of responsibilities for carrying out such 
actions.
    (B) Treatment modalities based on the clinical assessment that may 
assist the abuser (whether alleged or adjudicated) in ending his or her 
abusive behavior.
    (C) Actions that may be taken by appropriate authorities to assess 
and monitor the risk of recurrence.
    (ii) PS 78: Commanders' access to relevant information for 
disposition of allegations. FAP provides commanders and senior enlisted 
personnel timely access to relevant information on child abuse 
incidents and unrestricted reports of domestic abuse incidents to 
support appropriate disposition of allegations. Relevant information 
includes:
    (A) The intervention goals and activities described in PS 77, 
located at paragraph (e)(6)(i) of this section.
    (B) The alleged abuser's prognosis for treatment, as determined 
from a clinical assessment.
    (C) The extent to which the alleged abuser accepts responsibility 
for his or her behavior and expresses a genuine desire for treatment, 
provided that such information obtained from the alleged abuser was 
obtained in compliance with Service policies with respect to advisement 
of rights in accordance with 10 U.S.C. chapter 47.
    (D) Other factors considered appropriate for the command, including 
the results of any previous treatment of the alleged abuser for child 
abuse or domestic abuse and his or her compliance with the previous 
treatment plan, and the estimated time the alleged abuser will be 
required to be away from military duties to fulfill treatment 
commitments.
    (E) Status of any child taken into protective custody.
    (iii) PS 79: Supportive services plan for the victim and other 
family members. The FAP case manager prepares a plan for appropriate 
supportive services or clinical treatment, based on the clinical 
assessments, for every victim or family member who is eligible to 
receive treatment in a military treatment facility, who expresses a 
desire for FAP services, and for whom a FAP case is opened. The plan 
recommends one or more appropriate treatment modalities or support 
services, in accordance with subpart A of this part and DoD Instruction 
6400.05 and Service FAP headquarters policies and guidance.
    (iv) PS 80: Clinical consultation. All FAP clinical assessments and 
treatment plans for persons in incidents of child abuse or domestic 
abuse are reviewed in the CCSM, in accordance with DoD 6025.18-R when 
applicable, 32 CFR part 310, and Service FAP headquarters policies and 
guidance.
    (7) Intervention and treatment--(i) PS 81: Intervention services 
for abusers. Appropriate intervention services for an abuser (whether 
alleged or adjudicated) who is eligible to receive treatment in a 
military medical program are available either from the FAP or from 
other military agencies, contractors, or civilian services providers, 
including:
    (A) Psycho-educationally based programs and services.
    (B) Supportive services that may include financial counseling and 
spiritual support.
    (C) Clinical treatment specifically designed to address risk and 
protective factors and dynamics associated with child abuse or domestic 
abuse.
    (D) Trauma informed clinical treatment when appropriate.
    (ii) PS 82: Supportive services or treatment for victims who are 
eligible to receive treatment in a military treatment facility. 
Appropriate supportive services and treatment are available either from 
the FAP or from other military agencies, contractors, or civilian 
services providers, including:
    (A) Immediate and ongoing domestic abuse victim advocacy services, 
available 24 hours per day through personal or telephone contact, as 
set forth in DoD Instruction 6400.06 and Service FAP headquarters 
policies and guidance.
    (B) Supportive services that may include financial counseling and 
spiritual support.
    (C) Psycho-educationally based programs and services.
    (D) Appropriate trauma informed clinical treatment specifically 
designed to address risk and protective factors and dynamics associated 
with child abuse or domestic abuse victimization.
    (E) Supportive services, information and referral, safety planning, 
and treatment (when appropriate) for child victims and their family 
members of abuse by non-caretaking offenders.
    (iii) PS 83: Supportive services for victims or offenders who are 
not eligible to receive treatment in a military treatment facility. 
Victims must receive initial safety-planning services only and must be 
referred to civilian support services for all follow-on care. Offenders 
must receive referrals to appropriate civilian intervention or 
treatment programs.
    (iv) PS 84: Ethical conduct in supportive services and treatment 
for abusers and victims. When providing FAP supportive services and 
treatment, FAP staff treats those receiving such supportive services or 
clinical treatment with respect, fairness, and in accordance with 
professional ethics.
    (v) PS 85: CCSM review of treatment progress. Treatment progress 
and the results of the latest risk assessment are reviewed periodically 
in the CCSM in accordance with subpart A of this part.
    (A) Child sexual abuse cases are reviewed monthly in the CCSM.
    (B) Cases involving foster care placement of children are reviewed 
monthly in the CCSM.
    (C) All other cases are reviewed at least quarterly in the CCSM.
    (D) Cases must be reviewed within 30 days of any significant event 
or a pending significant event that would impact care, including but 
not limited to a subsequent maltreatment incident, geographic move, 
deployment, pending separation from the Service, or retirement.
    (vi) PS 86: Continuity of services. The FAP case manager ensures 
continuity of services before the transfer or referral of open child 
abuse or domestic abuse cases to other service providers:
    (A) At the same installation or other installations of the same 
Service FAP headquarters.
    (B) At installations of other Service FAP headquarters.
    (C) In the civilian community.
    (D) In child welfare services in the civilian community.
    (8) Termination and case closure--(i) PS 87: Criteria for case 
closure. FAP services are terminated and the case is closed when 
treatment provided to the abuser (whether alleged or adjudicated) is 
terminated and treatment or

[[Page 11793]]

supportive services provided to the victim are terminated.
    (A) Treatment provided to the abuser(s) (whether alleged or 
adjudicated) is terminated only if either:
    (1) The CCSM discussion produced a consensus that clinical 
objectives have been substantially met and the results of a current 
risk assessment indicate that the risk of additional abuse and risk of 
lethality have declined; or
    (2) The CCSM discussion produced a consensus that clinical 
objectives have not been met due to:
    (i) Noncompliance of such abuser(s) with the requirements of the 
treatment program.
    (ii) Unwillingness of such abuser(s) to make changes in behavior 
that would result in treatment progress.
    (B) Treatment and supportive services provided to the victim are 
terminated only if either:
    (1) The CCSM discussion produced a consensus that clinical 
objectives have been substantially met; or
    (2) The victim declines further FAP supportive services.
    (ii) PS 88: Communication of case closure. Upon closure of the case 
the FAP notifies:
    (A) The abuser (whether alleged or adjudicated) and victim, and in 
a child abuse case, the non-abusing parent.
    (B) The commander of an active duty victim or abuser (whether 
alleged or adjudicated).
    (C) Any appropriate civilian court currently exercising 
jurisdiction over the abuser (whether alleged or adjudicated), or in a 
child abuse case, over the child.
    (D) A civilian child protective services agency currently 
exercising protective authority over a child victim.
    (E) The NPSP, if the family has been currently receiving NPSP 
intensive home visiting services.
    (F) The domestic abuse victim advocate if the victim has been 
receiving victim advocacy services.
    (iii) PS 89: Disclosure of information. Information gathered during 
FAP clinical assessments and during treatment or supportive services 
that is protected from disclosure under 5 U.S.C. 552a, DoD 6025.18-R, 
and 32 CFR part 310 is only disclosed in accordance with 5 U.S.C. 552a, 
DoD 6025.18-R, 32 CFR part 310, and Service FAP headquarters 
implementing policies and guidance.
    (f) Documentation and records management--(1) Documentation of NPSP 
cases--(i) PS 90: NPSP case record documentation. For every client 
screened for NPSP services, NPSP personnel must document in accordance 
with Service FAP headquarters policies and guidance, at a minimum:
    (A) The informed consent of the parents based on the services 
offered.
    (B) The results of the initial screening for risk and protective 
factors and, if the risk was high, document:
    (1) The assessment(s) conducted.
    (2) The plan for services and goals for the parents.
    (3) The services provided and whether suspected child abuse or 
domestic abuse was reported.
    (4) The parents' progress toward their goals at the time NPSP 
services ended.
    (ii) PS 91: Maintenance, storage, and security of NPSP case 
records. NPSP case records are maintained, stored, and kept secure in 
accordance with DoD 6025.18-R when applicable, 32 CFR part 310, and 
Service FAP headquarters policies and guidance.
    (iii) PS 92: Transfer of NPSP case records. NPSP case records are 
transferred in accordance with DoD 6025.18-R when applicable, 32 CFR 
part 310, and Service FAP headquarters policies and procedures.
    (iv) PS 93: Disposition of NPSP records. NPSP records are disposed 
of in accordance with DoD 6025.18-R when applicable, 32 CFR part 310, 
and Service FAP headquarters policies and guidance.
    (2) Documentation of reported incidents--(i) PS 94: Reports of 
child abuse and unrestricted reports of domestic abuse. For every new 
reported incident of child abuse and unrestricted report of domestic 
abuse, the FAP documents, at a minimum, an accurate accounting of all 
risk levels, actions taken, assessments conducted, foster care 
placements, clinical services provided, and results of the quarterly 
CCSM from the initial report of an incident to case closure in 
accordance with Service FAP headquarters policies and guidance.
    (ii) PS 95: Documentation of multiple incidents. Multiple reported 
incidents of child abuse and unrestricted reports of domestic abuse 
involving the same Service member or family members are documented 
separately within one FAP case record.
    (iii) PS 96: Maintenance, storage, and security of FAP case 
records. FAP case records are maintained, stored, and kept secure in 
accordance with Service FAP headquarters policies and procedures.
    (iv) PS 97: Transfer of FAP case records. FAP case records are 
transferred in accordance with DoD 6025.18-R when applicable, 32 CFR 
part 310, and Service FAP headquarters policies and procedures.
    (v) PS 98: Disposition of FAP records. FAP records are disposed of 
in accordance with DoD Directive 5015.2, ``DoD Records Management 
Program'' (available at http://www.dtic.mil/whs/directives/corres/pdf/501502p.pdf) and Service FAP headquarters policies and guidance.
    (3) Central registry of child abuse and domestic abuse incidents--
(i) PS 99: Recording data into the Service FAP headquarters central 
registry of child abuse and domestic abuse incidents. Data pertaining 
to child abuse and unrestricted domestic abuse incidents reported to 
FAP are added to the Service FAP headquarters central registry of child 
and domestic abuse incidents. Quarterly edit checks are conducted in 
accordance with Service FAP headquarters policies and procedures. Data 
that personally identifies the sponsor, victim, or alleged abuser are 
not retained in the central registry for any incidents that did not 
meet criteria for entry or on any victim or alleged abuser who is not 
an active duty member or retired Service member, DoD civilian employee, 
contractor, or eligible beneficiary.
    (ii) PS 100: Access to the DoD central registry of child and 
domestic abuse incidents. Access to the DoD central registry of child 
and domestic abuse incidents and disclosure of information therein 
complies with DoD 6400.1-M-1 and Service FAP headquarters policies and 
guidance.
    (iii) PS 101: Access to Service FAP headquarters central registry 
of child and domestic abuse reports. Access to the Service FAP 
headquarters central registry of child and domestic abuse incidents and 
disclosure of information therein complies with DoD 6400.1-M-1 and 
Service FAP headquarters policies and procedures.
    (4) Documentation of restricted reports of domestic abuse--(i) PS 
102: Documentation of restricted reports of domestic abuse. Restricted 
reports of domestic abuse are documented in accordance with DoD 
Instruction 6400.06 and Service FAP headquarters policies and guidance.
    (ii) PS 103: Maintenance, storage, security, and disposition of 
restricted reports of domestic abuse. Records of restricted reports of 
domestic abuse are maintained, stored, kept secure, and disposed of in 
accordance with DoD Instruction 6400.06 and Service FAP headquarters 
policies and procedures.
    (g) Fatality notification and review--(1) Fatality notification--
(i) PS 104: Domestic abuse fatality and child abuse fatality 
notification. The installation FAC establishes local procedures in 
compliance with Service FAP headquarters implementing policy and 
guidance to report fatalities known or suspected to have resulted from 
an act of domestic abuse, child abuse, or

[[Page 11794]]

suicide related to an act of domestic abuse or child abuse that involve 
personnel assigned to the installation or within its area of 
responsibility. Fatalities are reported through the Service FAP 
headquarters and the Secretaries of the Military Departments to the 
DASD(MC&FP) in compliance with subpart A of this part and DoD 
Instruction 6400.06, and Service FAP headquarters implementing policy 
and guidance.
    (ii) PS 105: Timeliness of reporting domestic abuse and child abuse 
fatalities to DASD(MC&FP). The designated installation personnel report 
domestic abuse and child abuse fatalities through the Service FAP 
headquarters channels to the DASD(MC&FP) within the timeframe specified 
in DoD Instruction 6400.06 in accordance with the Service FAP 
headquarters implementing policy and guidance.
    (iii) PS 106: Reporting format for domestic abuse and child abuse 
fatalities. Installation reports of domestic abuse and child abuse 
fatalities are reported on the DD Form 2901, ``Child Abuse or Domestic 
Abuse Related Fatality Notification,'' and in accordance with subpart A 
of this part.
    (2) Review of fatalities--(i) PS 107: Information forwarded to the 
Service FAP headquarters fatality review. The installation provides 
written information concerning domestic abuse and child abuse 
fatalities that involve personnel assigned to the installation or 
within its area of responsibility promptly to the Service FAP 
headquarters fatality review team in accordance with DoD Instruction 
6400.06 and in the format specified in the Service FAP headquarters 
implementing policy and guidance.
    (ii) PS 108: Cooperation with non-DoD fatality review teams. 
Authorized installation personnel provide information about domestic 
abuse and child abuse fatalities that involve personnel assigned to the 
installation or within its area of responsibility to non-DoD fatality 
review teams in accordance with written MOUs and 5 U.S.C. 552a and 32 
CFR part 310.
    (h) QA and accreditation or inspections--(1) QA--(i) PS 109: 
Installation FAP QA program. The installation FAC will establish local 
QA procedures that address compliance with the PSs in this section in 
accordance with subpart A of this part and Service FAP headquarters 
implementing policy and guidance.
    (ii) PS 110: QA Training. All FAP personnel must be trained in 
installation QA procedures.
    (iii) PS 111: Monitoring FAP compliance with PSs. The installation 
FAPM monitors compliance of FAP personnel to installation QA procedures 
and the PSs in this section.
    (2) Accreditation or inspections--(i) PS 112: Accreditation or 
inspections. The installation FAP undergoes accreditation or inspection 
at least every 4 years to monitor compliance with the PSs in this 
section, in accordance with subpart A of this part and Service FAP 
headquarters policies and guidance.
    (ii) PS 113: Review of accreditation and inspection results. The 
installation FAC reviews the results of the FAP accreditation review or 
inspection and submits findings and corresponding corrective action 
plans to the Service FAP headquarters in accordance with its 
implementing policy and guidance.

              Appendix to Sec.   61.12--Index of FAP Topics
------------------------------------------------------------------------
               Topic                   PS number(s)      Page number(s)
------------------------------------------------------------------------
Accreditation/inspection of FAP...            109-113                 37
Case manager......................                 69                 27
Case closure......................              87-89              33-34
Case transfer.....................             92, 97              34-35
Central registry..................             99-101                 35
    Access to DoD central registry                100                 35
    Access to Service FAP                         101                 35
     Headquarters central registry
    Reporting of statistics.......                 36              17-18
Child abuse reports...............              60-64              25-26
    Coordination with other                        62                 26
     authorities..................
    Emergency removal of a child..                 61                 26
    FAP and military law                           10                 10
     enforcement communication....
    Protection of children........                 11                 10
    Involving infants and toddlers                 63                 26
     birth to age three...........
    Sexual abuse in DoD-sanctioned                 64                 26
     activities...................
Clinical assessment policy........                 73                 28
    Components of FAP clinical                     75                 29
     assessment...................
    Ethical conduct...............                 76                 30
    Gathering and disclosing                       74                 29
     information..................
    Informed consent..............              66-68                 27
Clinical consultation.............                 80                 31
Collaboration between military                      6                  9
 installations....................
Continuity of services............                 87                 33
Coordinated community response....                2-4                7-9
    Emergency response plan.......                  9                 10
    FAP and military law                           10                 10
     enforcement..................
    MOUs..........................                  5                  9
Criminal history record check.....                 27                 15
Disclosure of information.........     15, 54, 74, 90     12, 23, 28, 34
Disposition of records............  .................  .................
    FAP records...................                 98                 35
    NPSP records..................                 93                 34
    Restricted reports of domestic                103                 36
     abuse........................
Documentation.....................  .................  .................
    Informed consent..............                 67                 27
    Multiple incidents............                 95                 35
    NPSP cases....................                 90                 34
    Reports of child abuse........                 94                 35

[[Page 11795]]

 
    Restricted reports of domestic                102                 36
     abuse........................
    Unrestricted reports of                        94                 34
     domestic abuse...............
Domestic abuse....................  .................  .................
    Clinical assessment...........              73-76              28-30
    Clinical case management......              69-72              27-28
    FAP and military law                           10                 10
     enforcement communication....
    FAP case manager..............                 69                 27
    Informed consent..............              66-69                 27
    Privileged communication......                 68                 27
    Response to reports...........                 65                 25
    Victim advocacy services......                  7                  9
Emergency response plan...........                  9                 10
FAC...............................                1-4                7-9
    Coordinated community response                  2                  7
     and risk management plan.....
    Establishment.................                  1                  7
    Monitoring of coordinated                       3                  8
     community response and risk
     management...................
    Risk management...............              3, 13              8, 11
    Roles, functions,                               4                  8
     responsibilities.............
FAP...............................  .................  .................
    Accreditation/inspection......            109-113                 37
    Clinical staff qualifications.                 28                 15
    Coordinated community response                  2                  7
     and risk management plan.....
    Criminal history background                    27                 15
     check........................
    Establishment.................                 21                 13
    FAP manager...................                 23                 14
    Funding.......................                 24                 14
    Internal and external duress                   32                 16
     system.......................
    Management information system                  35                 17
     policy.......................
    Metrics.......................                 36              17-18
    NPSP staff qualifications.....                 31                 16
    Operations policy.............                 22                 13
    Other resources...............                 25                 14
    Personnel requirements........                 26                 15
    Prevention and education staff                 29                 15
     qualifications...............
    QA............................            110-112                 37
    Victim advocate personnel                       8                  9
     requirements.................
    Victim advocate staff                          30                 16
     qualifications...............
Fatality notification.............            104-106                 36
    Reporting format..............                106                 36
    Timeliness of report to OSD...                105                 36
Fatality review...................            107-108                 36
    Cooperation with non-DoD                      108                 36
     fatality review teams........
    Service FAP headquarters                      107                 36
     fatality review process......
IDC...............................  .................  .................
    Establishment.................                 17                 12
    Operations....................                 18                 12
    QA............................                 20                 13
    Training of IDC members.......                 19                 12
Intervention strategy and           .................  .................
 treatment plan...................
    CCSM review of treatment                       85                 32
     progress.....................
    Clinical consultation.........                 80                 31
    Commander's access to                          78                 30
     information..................
    Communication of case closure.                 88                 33
    Continuity of services........                 86                 32
    Criteria for case closure.....                 87                 33
    Disclosure of information.....                 89                 34
    Ethical conduct in supportive                  84                 32
     services.....................
    Informed consent..............                 66                 27
    Intervention services for                      81                 31
     abusers......................
    Intervention strategy and                      77                 30
     treatment plan for abusers...
    Supportive services and                        82                 31
     treatment for eligible
     victims......................
    Supportive services for                        83                 32
     ineligible victims...........
Management information system.....              35-36              17-18
    Policy........................                 35                 17
    Reporting statistics..........                 36                 17
    Domestic abuse offender                        36                 17
     treatment....................
    Domestic abuse victim advocate                 36                 17
     metrics......................
    FAP metrics...................                 36                 17
    NPSP metrics..................                 36                 18
MOU...............................                  5                  9
Metrics...........................                 36              17-18
    Domestic abuse treatment......                 36                 18

[[Page 11796]]

 
    Domestic abuse victim advocacy                 36                 18
    FAP...........................                 36                 17
    NPSP..........................                 36                 18
NPSP..............................  .................  .................
    Continuing risk assessment....                 53                 23
    Disclosure of information.....                 54                 23
    Disposition of records........                 93                 34
    Eligibility...................                 47                 22
    Frequency of home visits......                 51                 23
    Informed consent..............                 46                 21
    Internal and external duress                   32                 16
     system.......................
    Maintenance, storage, and                      91                 34
     security of records..........
    Opening, transferring, and                     53                 23
     closing cases................
    Protection of home visitors...                 33                 16
    Protocol......................                 50                 23
    Referrals to NPSP.............                 45                 21
    Reporting known or suspected                   34                 17
     child abuse..................
    Screening.....................                 48                 22
    Services......................                 49                 22
    Staff qualifications..........                 31                 16
    Training for NPSP personnel...                 59                 25
    Transfer of NPSP records......                 92                 34
Prevention activities.............              40-44              20-21
    Collaboration.................                 41                 20
    Identification of populations                  43                 20
     for secondary prevention
     activities...................
    Implementation of activities                   40                 20
     in coordinated community
     response and risk management
     plan.........................
    Primary prevention activities.                 42                 20
    Secondary prevention                           44                 21
     activities...................
PMA...............................                 12                 11
Public awareness..................              37-39              19-20
    Collaboration to increase                      38                 19
     public awareness.............
    Components....................                 39              19-20
    Implementation of activities                   37                 19
     in the annual FAP plan.......
QA................................            109-113                 37
    FAP QA program................                109                 37
    Monitoring FAP QA.............                111                 37
    Training......................                110                 37
Records Management................  .................  .................
    Disposition of FAP records....                 98                 35
    Disposition of NPSP records...                 93                 34
    FAP case records maintenance,                  96                 35
     storage, and security........
    NPSP case records maintenance,                 91                 34
     storage, and security........
    Transfer of FAP records.......                 97                 35
    Transfer of NPSP records......                 92                 34
    Unrestricted reports of                        94                 35
     domestic abuse...............
Risk management...................                 13                 11
    Assessments...................                 14                 11
    Case manager..................                 69                 27
    Communication of increased                     72                 28
     risk.........................
    Deployment....................                 16                 12
    Disclosure of information.....                 15                 12
    Initial risk monitoring.......                 70                 27
    Ongoing risk assessment.......                 71                 27
    Review and monitoring of the                 2, 3               7, 8
     coordinated community
     response and risk management
     plan.........................
    PMA...........................                 12                 11
Training..........................  .................  .................
    Commanders and senior enlisted                 56                 23
     advisors.....................
    Content.......................                 58                 24
    FAC and IDC...................                 19                 12
    Implementation of training                     55                 23
     requirements.................
    Installation personnel........                 57                 24
    NPSP personnel................                 59                 25
    QA............................                111                 37
------------------------------------------------------------------------


[[Page 11797]]

Subpart C--Reserved

Subpart D--Reserved

Subpart E--Guidelines for Clinical Intervention for Persons 
Reported as Domestic Abusers

    Authority:  10 U.S.C. chapter 47, 42 U.S.C. 5106g, 42 U.S.C. 
13031.


Sec.  61.25  Purpose.

    (a) This part is composed of several subparts, each containing its 
own purpose. This subpart implements policy, assigns responsibilities, 
and provides procedures for addressing child abuse and domestic abuse 
in military communities.
    (b) Restricted reporting guidelines are provided in DoD Instruction 
6400.06, ``Domestic Abuse Involving DoD Military and Certain Affiliated 
Personnel'' (available at http://www.dtic.mil/whs/directives/corres/pdf/640006p.pdf). This subpart prescribes guidelines for Family 
Advocacy Program (FAP) assessment, clinical rehabilitative treatment, 
and ongoing monitoring of individuals who have been reported to FAP by 
means of an unrestricted report for domestic abuse against:
    (1) Current or former spouses, or
    (2) Intimate partners.


Sec.  61.26  Applicability.

    This subpart applies to 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 within the DoD (referred to in 
this subpart as the ``DoD Components'').


Sec.  61.27  Definitions.

    Unless otherwise noted, the following terms and their definitions 
are for the purpose of this subpart.
    Abuser. An individual adjudicated in a military disciplinary 
proceeding or civilian criminal proceeding who is found guilty of 
committing an act of domestic violence or a lesser included offense, as 
well as an individual alleged to have committed domestic abuse, 
including domestic violence, who has not had such an allegation 
adjudicated.
    Abuser contract. The treatment agreement between the clinician and 
the abuser that specifies the responsibilities and expectations of each 
party. It includes specific abuser treatment goals as identified in the 
treatment plan and clearly specifies that past, present, and future 
allegations and threats of domestic abuse and child abuse or neglect 
will be reported to the active duty member's commander, to local law 
enforcement and child protective services, as appropriate, and to the 
potential victim.
    Clinical case management. Defined in subpart B of this part.
    Clinical case staff meeting (CCSM). Defined in subpart B of the 
part.
    Clinical intervention. Defined in subpart B of this part.
    Domestic abuse. Domestic violence or a pattern of behavior 
resulting in emotional/psychological abuse, economic control, and/or 
interference with personal liberty that is directed toward a person who 
is:
    (1) A current or former spouse;
    (2) A person with whom the abuser shares a child in common; or
    (3) A current or former intimate partner with whom the abuser 
shares or has shared a common domicile.
    Domestic violence. An offense under the United States Code, the 
UCMJ, or State law involving the use, attempted use, or threatened use 
of force or violence against a person, or a violation of a lawful order 
issued for the protection of a person, who is:
    (1) A current or former spouse.
    (2) A person with whom the abuser shares a child in common; or
    (3) A current or former intimate partner with whom the abuser 
shares or has shared a common domicile.
    FAP Manager. Defined in subpart A of this part.
    Incident determination committee. Defined in subpart A of this 
part.
    Intimate partner. A person with whom the victim shares a child in 
common, or a person with whom the victim shares or has shared a common 
domicile.
    Risk management. Defined in subpart B of this part.
    Severe abuse. Exposure to chronic pattern of emotionally abusive 
behavior with physical or emotional effects requiring hospitalization 
or long-term mental health treatment. In a spouse emotional abuse 
incident, this designation requires an alternative environment to 
protect the physical safety of the spouse. Exposure to a chronic 
pattern of neglecting behavior with physical, emotional, or educational 
effects requiring hospitalization, long-term mental health treatment, 
or long-term special education services. Physical abuse resulting in 
major physical injury requiring inpatient medical treatment or causing 
temporary or permanent disability or disfigurement; moderate or severe 
emotional effects requiring long-term mental health treatment; and may 
require placement in an alternative environment to protect the physical 
safety or other welfare of the victim. Sexual abuse involving oral, 
vaginal, or anal penetration that may or may not require one or more 
outpatient visits for medical treatment; may be accompanied by injury 
requiring inpatient medical treatment or causing temporary or permanent 
disability or disfigurement; moderate or severe emotional effects 
requiring long-term mental health treatment; and may require placement 
in an alternative environment to protect the physical safety or welfare 
of the victim.
    Unrestricted report. A process allowing a victim of domestic abuse 
to report an incident using current reporting channels, e.g. chain of 
command, law enforcement or criminal investigative organization, and 
FAP for clinical intervention.


Sec.  61.28  Policy.

    In accordance with subpart A of this part and DoD Instruction 
6400.06, it is DoD policy to:
    (a) Develop PSs and critical procedures for the FAP that reflect a 
coordinated community response to domestic abuse.
    (b) Address domestic abuse within the military community through a 
coordinated community risk management approach.
    (c) Provide appropriate individualized and rehabilitative treatment 
that supplements administrative or disciplinary action, as appropriate, 
to persons reported to FAP as domestic abusers.


Sec.  61.29  Responsibilities.

    (a) The Under Secretary of Defense for Personnel and Readiness 
(USD(P&R)):
    (1) Sponsors FAP research and evaluation and participates in other 
federal research and evaluation projects relevant to the assessment, 
treatment, and risk management of domestic abuse.
    (2) Ensures that research is reviewed every 3 to 5 years and that 
relevant progress and findings are distributed to the Secretaries of 
the Military Departments using all available Web-based applications.
    (3) Assists the Secretaries of the Military Departments to:
    (i) Identify tools to assess risk of recurrence.
    (ii) Develop and use pre- and post-treatment measures of 
effectiveness.
    (iii) Promote training in the assessment, treatment, and risk 
management of domestic abuse.
    (b) The Secretaries of the Military Departments issue implementing 
guidance in accordance with this part.

[[Page 11798]]

The guidance must provide for the clinical assessment, rehabilitative 
treatment, and ongoing monitoring and risk management of Service 
members and eligible beneficiaries reported to FAP for domestic abuse 
by means of an unrestricted report.


Sec.  61.30  Procedures.

    (a) General principles for clinical intervention--(1) Components of 
clinical intervention. The change from abusive to appropriate behavior 
in domestic relationships is a process that requires clinical 
intervention, which includes ongoing coordinated community risk 
management, assessment, and treatment.
    (2) Military administrative and disciplinary actions and clinical 
intervention. The military disciplinary system and FAP clinical 
intervention are separate processes. Commanders may proceed with 
administrative or disciplinary actions at any time.
    (3) Goals of clinical intervention. the primary goals of clinical 
intervention in domestic abuse are to ensure the safety of the victim 
and community, and promote stopping abusive behaviors.
    (4) Therapeutic alliance--(i) Although clinical intervention must 
address abuser accountability, clinical assessment and treatment 
approaches should be oriented to building a therapeutic alliance with 
the abuser so that he or she is sincerely motivated to take 
responsibility for his or her actions, improve relationship skills, and 
end the abusive behavior.
    (ii) Clinical intervention will neither be confrontational nor 
intentionally or unintentionally rely on the use of shame to address 
the abuser's behavior. Such approaches have been correlated in research 
studies with the abuser's premature termination of or minimal 
compliance with treatment.
    (A) It is appropriate to encourage abusers to take responsibility 
for their use of violence; however, in the absence of a strong, 
supportive, therapeutic relationship, confrontational approaches may 
induce shame and are likely to reduce treatment success and foster 
dropout. Approaches that create and maintain a therapeutic alliance are 
more likely to motivate abusers to seek to change their behaviors, add 
to their relationship skills, and take responsibility for their 
actions. Studies indicate that a strong therapeutic alliance is related 
to decreased psychological and physical aggression.
    (B) A clinical style that helps the abuser identify positive 
motivations to change his or her behavior is effective in strengthening 
the therapeutic alliance while encouraging the abuser to evaluate his 
or her own behavior. Together, the therapist and abuser attempt to 
identify the positive consequences of change, identify motivation for 
change, determine the obstacles that lie in the path of change, and 
identify specific behaviors that the abuser can adopt.
    (5) Criteria for clinical intervention approaches. Clinical 
intervention approaches should reflect the current state of knowledge. 
This subpart recommends an approach (or multiple approaches) and 
procedures that have one or more of these characteristics:
    (i) Demonstrated superiority in formal evaluations in comparison to 
one or more other approaches.
    (ii) Demonstrated statistically significant success in formal 
evaluations, but not yet supported by a consensus of experts.
    (iii) The support of a consensus due to significant potential in 
the absence of statistically significant success.
    (iv) Significant potential when consensus does not yet exist.
    (6) Clinical intervention for female abusers. Findings from 
research and clinical experience indicate that women who are domestic 
abusers may require clinical intervention approaches other than those 
designed specifically for male abusers.
    (i) Attention should be given to the motivation and context for 
their use of abusive behaviors to discover whether or not using 
violence against their spouse, former spouse, or intimate partner has 
been in response to his or her domestic abuse.
    (ii) Although both men and women who are domestic abusers may have 
undergone previous traumatic experiences that may warrant treatment, 
women's traumatic experiences may require additional attention within 
the context of domestic abuse.
    (7) Professional standards. Domestic abusers who undergo clinical 
intervention will be treated with respect, fairness, and in accordance 
with professional ethics. All applicable rights of abusers will be 
observed, including compliance with the rights and warnings in 10 
U.S.C. 831, chapter 47, also known and referred to in this subpart as 
the ``Uniform Code of Military Justice (UCMJ)'' for abusers who are 
Service members.
    (i) Clinical service providers who conduct clinical assessments of 
or provide clinical treatment to abusers will adhere to Service 
policies with respect to the advisement of rights pursuant to the UCMJ, 
will seek guidance from the supporting legal office when a question of 
applicability arises, and will notify the relevant military law 
enforcement investigative agency if advisement of rights has occurred.
    (ii) Clinical service providers and military and civilian victim 
advocates must follow the Privacy Act of 1974, as amended, and other 
applicable laws, regulations, and policies regarding the disclosure of 
information about victims and abusers.
    (iii) Individuals and agencies providing clinical intervention to 
persons reported as domestic abusers will not discriminate based on 
race, color, religion, gender, disability, national origin, age, or 
socioeconomic status. All members of clinical intervention teams will 
treat abusers with dignity and respect regardless of the nature of 
their conduct or the crimes they may have committed. Cultural 
differences in attitudes will be recognized, respected, and addressed 
in the clinical assessment process.
    (8) Clinical case management. The FAP clinical service provider has 
the responsibility for clinical case management.
    (b) Coordinated community risk management--(1) General. A 
coordinated community response to domestic abuse is the preferred 
method to enhance victim safety, reduce risk, and ensure abuser 
accountability. In a coordinated community response, the training, 
policies, and operations of all civilian and military human service and 
FAP clinical service providers are linked closely with one another. 
Since no particular response to a report of domestic abuse can ensure 
that a further incident will not occur, selection of the most 
appropriate response will be considered one of coordinated community 
risk management.
    (2) Responsibility for coordinated community risk management. 
Overall responsibility for managing the risk of further domestic abuse, 
including developing and implementing an intervention plan when 
significant risk of lethality or serious injury is present, lies with:
    (i) The Service member's commander when a Service member is a 
domestic abuser or is the victim (or their military dependent is the 
victim) of domestic abuse.
    (ii) The commander of the installation or garrison on which a 
Service member who is a domestic abuser or who is the victim (or their 
military dependent who is the victim) of domestic abuse may live.
    (iii) The commander of the military installation on which the 
civilian is housed for a civilian abuser accompanying U.S. military 
forces outside the United States.

[[Page 11799]]

    (iv) The FAP clinical service provider or case manager for liaison 
with civilian authorities in the event the abuser is a civilian.
    (3) Implementation. Coordinated community risk management requires:
    (i) The commander of the military installation to participate in 
local coalitions and task forces to enhance communication and 
strengthen program development among activities. In the military 
community, this may include inviting State, local, and tribal 
government representatives to participate in their official capacity as 
non-voting guests in meetings of the Family Advocacy Committee (FAC) to 
discuss coordinated community risk management in domestic abuse 
incidents that cross jurisdictions. (See subpart B of this part for FAC 
standards.)
    (A) Agreements with non-federal activities will be reflected in 
signed MOU.
    (B) Agreements may be among military installations of different 
Military Services and local government activities.
    (ii) Advance planning through the installation FAC by:
    (A) The commander of the installation.
    (B) FAP and civilian clinical service providers.
    (C) Victim advocates in the military and civilian communities.
    (D) Military chaplains.
    (E) Military and civilian law enforcement agencies.
    (F) Military supporting legal office and civilian prosecutors.
    (G) Military and civilian mental health and substance abuse 
treatment agencies.
    (H) DoDEA school principals or their designees.
    (I) Other civilian community agencies and personnel including:
    (1) Criminal and family court judges.
    (2) Court probation officials.
    (3) Child protective services agencies.
    (4) Domestic abuse shelters.
    (iii) FAP clinical service providers to address:
    (A) Whether treatment approaches under consideration are based on 
individualized assessments and directly address other relevant risk 
factors.
    (B) Whether the operational tempo of frequent and lengthy 
deployments to accomplish a military mission affects the ability of 
active duty Service members to complete a State-mandated treatment 
program.
    (C) Respective responsibilities for monitoring abusers' behavior on 
an ongoing basis, developing procedures for disclosure of relevant 
information to appropriate authorities, and implementing a plan for 
intervention to address the safety of the victim and community.
    (4) Deployment. Risk management of a Service member reported to FAP 
as a domestic abuser prior to a military deployment, when his or her 
deployment is not cancelled, or reported to FAP as a domestic abuser 
while deployed requires planning for his or her return to their home 
station.
    (i) The installation FAC should give particular attention to 
special and early returns so during deployment of a unit, the forward 
command is aware of the procedures to notify the home station command 
of regularly-scheduled and any special or early returns of such 
personnel to reduce the risk of additional abuse.
    (ii) An active duty Service member reported as a domestic abuser 
may be returned from deployment early for military disciplinary or 
civilian legal procedures, for rest and recuperation (R&R), or, if 
clinical conditions warrant, for treatment not otherwise available at 
the deployed location and if the commander feels early return is 
necessary under the circumstances. To prevent placing a victim at 
higher risk, the deployed unit commander will notify the home station 
commander and the installation FAP in advance of the early return, 
unless operational security prevents such disclosure.
    (5) Clinical case management. Ongoing and active case management, 
including contact with the victim and liaison with the agencies in the 
coordinated community response, is necessary to ascertain the abuser's 
sincerity and changed behavior. Case management requires ongoing 
liaison and contact with multiple information sources involving both 
military and surrounding civilian community agencies. Clinical case 
management includes:
    (i) Initial clinical case management. Initial case management 
begins with the intake of the report of suspected domestic abuse, 
followed by the initial clinical assessment.
    (ii) Periodic clinical case management. Periodic case management 
includes the FAP clinical service provider's assessment of treatment 
progress and the risk of recurrence of abuse. Treatment progress and 
the results of the latest risk assessment should be discussed whenever 
the case is reviewed at the CCSM.
    (iii) Follow-up. As a result of the risk assessment, if there is a 
risk of imminent danger to the victim or to another person, the FAP 
clinical service provider may need to notify:
    (A) The victim or other person at risk and the victim advocate to 
review, and possibly revise, the safety plan.
    (B) The appropriate military command, and military or civilian law 
enforcement agency.
    (C) Other treatment providers to modify their intervention with the 
abuser. For example, the provider of substance abuse treatment may need 
to change the requirements for monitored urinalysis.
    (c) Clinical assessment--(1) Purposes. A structured clinical 
assessment of the abuser is a critical first step in clinical 
intervention. The purposes of clinical assessment are to:
    (i) Gather information to evaluate and ensure the safety of all 
parties--victim, abuser, other family members, and community.
    (ii) Assess relevant risk factors, including the risk of lethality.
    (iii) Determine appropriate risk management strategies, including 
clinical treatment; monitoring, controlling, or supervising the 
abuser's behavior to protect the victim and any individuals who live in 
the household; and victim safety planning.
    (2) Initial information gathering. Initial information gathering 
and risk assessment begins when the unrestricted report of domestic 
abuse is received by FAP.
    (i) Since the immediacy of the response is based on the imminence 
of risk, the victim must be contacted as soon as possible to evaluate 
her or his safety, safety plan, and immediate needs. If a domestic 
abuse victim advocate is available, the victim advocate must contact 
the victim. If a victim advocate is not available, the clinician must 
contact the victim. Every attempt must be made to contact the victim 
via telephone or email to request a face-to-face interview. If the 
victim is unable or unwilling to meet face-to-face, the victim's 
safety, safety plan, and immediate needs will be evaluated by 
telephone.
    (ii) The clinician must interview the victim and abuser separately 
to maximize the victim's safety. Both victim and abuser must be 
assessed for the risk factors in paragraphs (c)(4) and (c)(6) of this 
section.
    (A) The clinician must inform the victim and abuser of the limits 
of confidentiality and the FAP process before obtaining information 
from them. Such information must be provided in writing as early as 
practical.
    (B) The clinician must build a therapeutic alliance with the abuser 
using an interviewing style that assesses readiness for and motivates 
behavioral change. The clinician must be sensitive

[[Page 11800]]

to cultural considerations and other barriers to the client's 
engagement in the process.
    (iii) The clinician must also gather information from a variety of 
other sources to identify additional risk factors, clarify the context 
of the use of any violence, and determine the level of risk. The 
assessment must include information about whether the Service member is 
scheduled to be deployed or has been deployed within the past year, and 
the dates of scheduled or past deployments. Such sources of information 
may include:
    (A) The appropriate military command.
    (B) Military and civilian law enforcement.
    (C) Medical records.
    (D) Children and other family members residing in the home.
    (E) Others who may have witnessed the acts of domestic abuse.
    (F) The FAP central registry of child maltreatment and domestic 
abuse reports.
    (iv) The clinician will request disclosure of information and use 
the information disclosed in accordance with 32 CFR part 310 and DoD 
6025.18-R, ``DoD Health Information Privacy Regulation'' (available at 
http://www.dtic.mil/whs/directives/corres/pdf/602518r.pdf).
    (3) Violence contextual assessment. The clinical assessment of 
domestic abuse will include an assessment of the use of violence within 
the context of relevant situational factors to guide intervention. 
Relevant situational factors regarding the use of violence include, but 
are not limited to:
    (i) Exacerbating factors. Exacerbating factors include whether 
either victim or domestic abuser:
    (A) Uses violence as an inappropriate means of expressing 
frustrations with life circumstances.
    (B) Uses violence as a means to exert and maintain power and 
control over the other party.
    (C) Has inflicted injuries on the other party during the 
relationship, and the extent of such injuries.
    (D) Fears the other.
    (ii) Mitigating factors. Mitigating factors include whether either 
victim or domestic abuser uses violence:
    (A) In self-defense.
    (B) To protect another person, such as a child.
    (C) In retaliation, as noted in the most recent incident or in the 
most serious incident.
    (4) Lethality risk assessment. The clinician must assess the risk 
for lethality in every assessment for domestic abuse, whether or not 
violence was used in the present incident. The lethality assessment 
will assess the presence of these factors:
    (i) For both victim and domestic abuser:
    (A) Increased frequency and severity of violence in the 
relationship.
    (B) Ease of access to weapons.
    (C) Previous use of weapons or threats to use weapons.
    (D) Threats to harm or kill the other party, oneself, or another 
(especially a child of either party).
    (E) Excessive use of alcohol and use of illegal drugs.
    (F) Jealousy, possessiveness, or obsession, including stalking.
    (ii) For the domestic abuser only:
    (A) Previous acts or attempted acts of forced or coerced sex with 
the victim.
    (B) Previous attempts to strangle the victim.
    (iii) For the victim only:
    (A) The victim's attempts or statements of intent to leave the 
relationship.
    (B) If the victim is a woman, whether the victim is pregnant and 
the abuser's attitude regarding the pregnancy.
    (C) The victim's fear of harm from the abuser to himself or herself 
or any child of either party or other individual living in the 
household.
    (5) Results of lethality risk assessment. When one or more 
lethality factors are identified:
    (i) The clinician will promptly contact the appropriate commander 
and military or civilian law enforcement agency and the victim 
advocate.
    (ii) The commander or military law enforcement agency will take 
immediate steps to protect the victim, addressing the lethality 
factor(s) identified.
    (iii) The victim advocate will contact the victim to develop or 
amend any safety plan to address the lethality factor(s) identified.
    (iv) The commander will intensify ongoing coordinated community 
risk management and monitoring of the abuser.
    (6) Assessment of other risk factors. The clinician will separately 
assess the victim and abuser for other factors that increase risk for 
future domestic abuse. Such risk factors to be assessed include, but 
are not limited to, the abuser's:
    (i) Previous physical and sexual violence and emotional abuse 
committed in the current and previous relationships. The greater the 
frequency, duration, and severity of such violence, the greater the 
risk.
    (ii) Use of abuse to create and maintain power and control over 
others.
    (iii) Attitudes and beliefs directly or indirectly supporting 
domestic abusive behavior. The stronger the attitudes and beliefs, the 
greater the risk.
    (iv) Blaming of the victim for the abuser's acts. The stronger the 
attribution of blame to the victim, the greater the risk.
    (v) Denial that his or her abusive acts were wrong and harmful, or 
minimization of their wrongfulness and harmfulness.
    (vi) Lack of motivation to change his or her behavior. The weaker 
the motivation, the greater the risk.
    (vii) Physical and/or emotional abuse of any children in the 
present or previous relationships. The greater the frequency, duration, 
and severity of such abuse, the greater the risk.
    (viii) Physical abuse of pets or other animals. The greater the 
frequency, duration, and severity of such abuse, the greater the risk.
    (ix) Particular caregiver stress, such as the management of a child 
or other family member with disabilities.
    (x) Previous criminal behavior unrelated to domestic abuse. The 
greater the frequency, duration, and severity of such criminal 
behavior, the greater the risk.
    (xi) Previous violations of civil or criminal court orders. The 
greater the frequency of such violations, the greater the risk.
    (xii) Relationship problems, such as infidelity or significant 
ongoing conflict.
    (xiii) Financial problems.
    (xiv) Mental health issues or disorders, especially disorders of 
emotional attachment or depression and issues and disorders that have 
not been treated successfully.
    (xv) Experience of traumatic events during military service, 
including events that resulted in physical injuries.
    (xvi) Any previous physical harm, including head or other physical 
injuries, sexual victimization, or emotional harm suffered in childhood 
and/or as a result of violent crime outside the relationship.
    (xvii) Fear of relationship failure or of abandonment.
    (7) Periodic risk assessment. The FAP clinical service provider 
will periodically conduct a risk assessment with input from the victim, 
adding the results of such risk assessments to the abuser's treatment 
record in accordance with subpart B of this part, and incorporating 
them into the abuser's clinical treatment plan and contract. Risk 
assessment will be conducted:
    (i) At least quarterly, but more frequently as required to monitor 
safety when the current situation is deemed high risk.
    (ii) Whenever the abuser is alleged to have committed a new 
incident of domestic abuse or an incident of child abuse.

[[Page 11801]]

    (iii) During significant transition periods in clinical case 
management, such as the change from assessment to treatment, changes 
between treatment modalities, and changes between substance abuse or 
mental health treatment and FAP treatment.
    (iv) After destabilizing events such as accusations of infidelity, 
separation or divorce, pregnancy, deployment, administrative or 
disciplinary action, job loss, financial issues, or health impairment.
    (v) When any clinically relevant issues are uncovered, such as 
childhood trauma, domestic abuse in a prior relationship, or the 
emergence of mental health problems.
    (8) Assessment of events likely to trigger the onset of future 
abuse. The initial clinical assessment will include a discussion of 
potential events that may trigger the onset of future abuse, such as 
pregnancy, upcoming deployment, a unilateral termination of the 
relationship, or conflict over custody and visitation of children in 
the relationship.
    (9) Tools and instruments for assessment. The initial clinical 
assessment process will include the use of appropriate standardized 
tools and instruments, Service-specific tools, and clinical 
interviewing. Unless otherwise indicated, the results from one or more 
of these tools will not be the sole determinant(s) for excluding an 
individual from treatment. The tools should be used for:
    (i) Screening for suitability for treatment.
    (ii) Tailoring treatment approaches, modalities, and content.
    (iii) Reporting changes in the level of risk.
    (iv) Developing risk management strategies.
    (v) Making referrals to other clinical service providers for 
specialized intervention when appropriate.
    (d) Clinical treatment--(1) Theoretical approaches. Based on the 
results of the clinical assessment, the FAP clinical service provider 
will select a treatment approach that directly addresses the abuser's 
risk factors and his or her use of violence. Such approaches include, 
but are not limited to, cognitive and dialectical behavioral therapy, 
psychodynamic therapy, psycho-educational programs, attachment-based 
intervention, and combinations of these and other approaches. See 
paragraph (a)(5) of this section for criteria for clinical intervention 
approaches.
    (2) Treatment Planning. A FAP clinical service provider will 
develop a treatment plan for domestic abuse that is based on a 
structured assessment of the particular relationship and risk factors 
present.
    (i) The treatment plan will not be based on a generic ``one-size-
fits-all'' approach. The treatment plan will consider that people who 
commit domestic abuse do not compose a homogeneous group, and may 
include people:
    (A) Of both sexes.
    (B) With a range of personality characteristics.
    (C) With mental illness and those with no notable mental health 
problems.
    (D) Who abuse alcohol or other substances and/or use illegal drugs 
and those who do not.
    (E) Who combine psychological abuse with coercive techniques, 
including violence, to maintain control of their spouse, former spouse, 
or intimate partner and those who do not attempt to exert coercive 
control.
    (F) In relationships in which both victim and domestic abuser use 
violence (excluding self-defense).
    (ii) Due to the demographics of the military population, structure 
of military organizations, and military culture, it is often possible 
to intervene in a potentially abusive relationship before the 
individual uses coercive techniques to gain and maintain control of the 
other party. Thus, a reliance on addressing the abuser's repeated use 
of power and control tactics as the sole or primary focus of treatment 
is frequently inapplicable in the military community.
    (iii) Treatment objectives, when applicable, will seek to:
    (A) Educate the abuser about what domestic abuse is and the common 
dynamics of domestic abuse in order for the abuser to learn to identify 
his or her own abusive behaviors.
    (B) Identify the abuser's thoughts, emotions, and reactions that 
facilitate abusive behaviors.
    (C) Educate the abuser on the potential for re-abusing, signs of 
abuse escalation and the normal tendency to regress toward previous 
unacceptable behaviors.
    (D) Identify the abuser's deficits in social and relationship 
skills. Teach the abuser non-abusive, adaptive, and pro-social 
interpersonal skills and healthy sexual relationships, including the 
role of intimacy, love, forgiveness, development of healthy ego 
boundaries, and the appropriate role of jealousy.
    (E) Increase the abuser's empathic skills to enhance his or her 
ability to understand the impact of violence on the victim and 
empathize with the victim.
    (F) Increase the abuser's self-management techniques, including 
assertiveness, problem solving, stress management, and conflict 
resolution.
    (G) Educate the abuser on the socio-cultural basis for violence.
    (H) Identify and address issues of gender role socialization and 
the relationship of such issues to domestic abuse.
    (I) Increase the abuser's understanding of the impact of emotional 
abuse and violence directed at children and violence that is directed 
to an adult but to which children in the family are exposed.
    (J) Facilitate the abuser's acknowledgment of responsibility for 
abusive actions and consequences of actions. Although the abuser's 
history of victimization should be addressed in treatment, it should 
never take precedence over his or her responsibility to be accountable 
for his or her abusive and/or violent behavior, or be used as an 
excuse, rationalization, or distraction from being held so accountable.
    (K) Identify and confront the abuser's issues of power and control 
and the use of power and control against victims.
    (L) Educate the abuser on the impact of substance abuse and its 
correlation to violence and domestic abuse.
    (iv) These factors should inform treatment planning:
    (A) Special objectives for female abusers. Findings from research 
and clinical experience indicate that clinical treatment based solely 
on analyses of male power and control may not be applicable to female 
domestic abusers. Clinical approaches must give special attention to 
the motivation and context for use of violence and to self-identified 
previous traumatic experiences.
    (B) Special Strategies for Grieving Abusers. When grief and loss 
issues have been identified in the clinical assessment or during 
treatment, the clinician will incorporate strategies for addressing 
grief and loss into the treatment plan. This is especially important if 
a victim has decided to end a relationship with a domestic abuser 
because of the abuse.
    (1) Abusers with significant attachment issues who are facing the 
end of a relationship with a victim are more likely to use lethal 
violence against the victim and children in the family. This is 
exemplified by the statement: ``If I can't have you no one else can 
have you.''
    (2) They are also more likely to attempt suicide. This is 
exemplified by the statement: ``Life without you is not worth living.''
    (C) Co-Occurrence of substance abuse. The coordinated community 
management of risk is made more

[[Page 11802]]

difficult when the person committing domestic abuse also abuses alcohol 
or other substances. When the person committing domestic abuse also 
abuses alcohol or other substances:
    (1) Treatment for domestic abuse will be coordinated with the 
treatment for substance abuse and information shared between the 
treatment providers in accordance with applicable laws, regulations, 
and policies.
    (2) Special consideration will be given to integrating the two 
treatment programs or providing them at the same time.
    (3) Information about the abuser's progress in the respective 
treatment programs will be shared between the treatment providers. 
Providing separate treatment approaches with no communication between 
the treatment providers complicates the community's management of risk.
    (D) Co-occurrence of child abuse. When a domestic abuser has 
allegedly committed child abuse, the clinician will:
    (1) Notify the appropriate law enforcement agency and other 
civilian agencies as appropriate in accordance with 42 U.S.C. 13031.
    (2) Notify the appropriate child protective services agency and the 
FAP supervisor to ascertain if a FAP child abuse case should be opened 
in accordance with DoD Instruction 6400.06 and 42 U.S.C. 5106g.
    (3) Address the impact of such abuse of the child(ren) as a part of 
the domestic abuser clinical treatment.
    (4) Seek to improve the abuser's parenting skills if appropriate in 
conjunction with other skills.
    (5) Continuously assess the abuser as a parent or caretaker as 
appropriate throughout the treatment process.
    (6) Address the impact of the abuser's domestic abuse directed 
against the victim upon children in the home as a part of the domestic 
abuser clinical treatment.
    (E) Occurrence of sexual abuse within the context of domestic 
abuse. Although sexual abuse is a subset of domestic abuse, victims may 
not recognize that sexual abuse can occur in the context of a marital 
or intimate partner relationship. Clinicians should employ specific 
assessment strategies to identify the presence of sexual abuse within 
the context of domestic abuse.
    (F) Deployment. Deployment of an active duty Service member who is 
a domestic abuser is a complicating factor for treatment delivery.
    (1) A Service member who is scheduled to deploy in the near future 
may be highly stressed and therefore at risk for using poor conflict 
management skills.
    (2) While on deployment, a Service member is unlikely to receive 
clinical treatment for the abuse due to mission requirements and 
unavailability of such treatment.
    (3) A deployed Service member reported to FAP as a domestic abuser 
may return from deployment early for military disciplinary or civilian 
legal procedures, for R&R, or if clinical conditions warrant early 
return from deployment for treatment not otherwise available at the 
deployed location and if the commander feels early return is necessary 
under the circumstances. The home station command and installation FAP 
must be notified in advance of the early return of a deployed Service 
member with an open FAP case, unless operational security prevents 
disclosure, so that the risk to the victim can be assessed and managed.
    (4) A Service member who is deployed in a combat operation or in an 
operation in which significant traumatic events occur may be at a 
higher risk of committing domestic abuse upon return.
    (5) The Service member may receive head injuries. Studies indicate 
that such an injury increases the risk of personality changes, 
including a lowered ability to tolerate frustration, poor impulse 
control, and an increased risk of using violence in situations of 
personal conflict. If the Service member has a history of a head injury 
prior to or during deployment, the clinician should ascertain whether 
the Service member received a medical assessment, was prescribed 
appropriate medication, or is undergoing current treatment.
    (6) The Service member may suffer from depression prior to, during, 
or after deployment and may be at risk for post-traumatic stress 
disorder. Studies indicate that males who are depressed are at higher 
risk of using violence in their personal relationships. If the Service 
member presents symptoms of depression, the clinician should ascertain 
whether the Service member has received a medical assessment, was 
prescribed appropriate medication, or is undergoing current treatment.
    (3) Treatment modalities. Clinical treatment may be provided in one 
or more of these modalities as appropriate to the situation:
    (i) Group therapy. Group therapy is the preferred mode of treatment 
for domestic abusers because it applies the concept of problem 
universality and offers opportunities for members to support one 
another and learn from other group members' experiences.
    (A) The decision to assign an individual to group treatment is 
initially accomplished during the clinical assessment process; however, 
the group facilitator(s) should assess the appropriateness of group 
treatment for each individual on an ongoing basis.
    (B) The most manageable maximum number of participants for a 
domestic abuser treatment group with one or two facilitators is 12.
    (C) A domestic abuser treatment group may be restricted to one sex 
or open to both sexes. When developing a curriculum or clinical 
treatment agenda for a group that includes both sexes, the clinician 
should consider that the situations in paragraphs (d)(3)(i)(C)(1) 
through (d)(3)(i)(C)(3) are more likely to occur in a group that 
includes both sexes.
    (1) Treatment-disruptive events such as sexual affairs or emotional 
coupling.
    (2) Jealousy on the part of the non-participant victim.
    (3) Intimidation of participants whose sex is in the minority 
within the group.
    (D) A group may have one or two facilitators; if there are two 
facilitators, they may be of the same or both sexes.
    (ii) Individual treatment. In lieu of using a group modality, 
approaches may be applied in individual treatment if the number of 
domestic abusers at the installation entering treatment is too small to 
create a group.
    (iii) Conjoint treatment with substance abusers. When small numbers 
of both domestic abusers and substance abusers make separate treatment 
groups impractical, therapists should consider combining abusers into 
the same group because co-occurrence of domestic abuse and substance 
abuse has been documented in scientific literature and the content for 
clinical treatment of domestic abuse and substance abuse is very 
similar. When domestic abusers and substance abusers are combined into 
the same group, the facilitator(s) must be certified in substance abuse 
treatment as well as meeting the conditions in paragraph (e) of this 
section.
    (iv) Conjoint treatment of victim and abuser. Domestic abuse in a 
relationship may be low-level in severity and frequency and without a 
pervasive pattern of coercive control.
    (A) Limitations on Use. Conjoint treatment may be considered in 
such cases where the abuser and victim are treated together, but only 
if all of these conditions are met:
    (1) Each of the parties separately and voluntarily indicates a 
desire for this approach.
    (2) Any abuse, especially any violence, was infrequent, not severe, 
and not intended or likely to cause severe injury.

[[Page 11803]]

    (3) The risk of future violence is periodically assessed as low.
    (4) Each party agrees to follow safety guidelines recommended by 
the clinician.
    (5) The clinician:
    (i) Has the knowledge, skills, and abilities to provide conjoint 
treatment therapy as well as treat domestic abuse.
    (ii) Fully understands the level of abuse and violence and 
specifically addresses these issues.
    (iii) Takes appropriate measures to ensure the safety of all 
parties, including regular monitoring of the victim and abuser, using 
all relevant sources of information. The clinician will take particular 
care to ensure that the victim participates voluntarily and without 
fear and is contacted frequently to ensure that violence has not 
recurred.
    (B) Contra-indications. Conjoint treatment will be suspended or 
discontinued if monitoring indicates an increase in the risk for abuse 
or violence. Conjoint treatment will not be used if one or more of 
these factors are present:
    (1) The abuser:
    (i) Has a history or pattern of violent behavior and/or of 
committing severe abuse.
    (ii) Lacks a credible commitment or ability to maintain the safety 
of the victim or any third parties. For example, the abuser refuses to 
surrender personal firearms, ammunition, and other weapons.
    (2) Either the victim or the abuser or both:
    (i) Participates under threat, coercion, duress, intimidation, or 
censure, and/or otherwise participates against his or her will.
    (ii) Has a substance abuse problem that would preclude him or her 
from substantially benefiting from conjoint treatment.
    (iii) Has one or more significant mental health issues (e.g., 
untreated mood disorder or personality disorder) that would preclude 
him or her from substantially benefiting from conjoint treatment.
    (v) Couple's meetings. Periodic case management meetings with the 
couple, as opposed to the ongoing conjoint therapy of a single victim 
and abuser, may be used only after the clinician (or clinicians) has 
made plans to ensure the safety of the victim. All couples meetings 
must be structured and co-facilitated by the clinician(s) providing 
treatment to the abusers and support for the victims to ensure support 
and protection for the victims.
    (4) Treatment contract. Properly informing the abuser of the 
treatment rules is a condition for treating violations as a risk 
management issue. The clinician will prepare and discuss with the 
abuser an agreement between them that will serve as a treatment 
contract. The agreement will be in writing and the clinician will 
provide a copy to the abuser and retain a copy in the treatment record. 
The contract will include:
    (i) Goals. Specific abuser treatment goals, as identified in the 
treatment plan.
    (ii) Time and attendance requirements. The frequency and duration 
of treatment and the number of absences permitted.
    (A) Clinicians may follow applicable State standards specifying the 
duration of treatment as a benchmark unless otherwise indicated.
    (B) An abuser may not be considered to have successfully completed 
clinical treatment unless he or she has completed the total number of 
required sessions. An abuser may not miss more than 10 percent of the 
total number of required sessions. On a case-by-case basis, the 
facilitator should determine whether significant curriculum content has 
been missed and make-up sessions are required.
    (iii) Crisis plan. A response plan for abuser crisis situations 
(information on referral services for 24-hour emergency calls and walk-
in treatment when in crisis).
    (iv) Abuser responsibilities. The abuser must agree to:
    (A) Abstain from all forms of domestic abuse.
    (B) Accept responsibility for previous abusive and violent 
behavior.
    (C) Abstain from purchasing or possessing personal firearms or 
ammunition.
    (D) Talk openly and process personal feelings.
    (E) Provide financial support to his or her spouse and children per 
the terms of an agreement with the spouse or court order.
    (F) Treat group members, facilitators, and clinicians with respect.
    (G) Contact the facilitator prior to the session when unable to 
attend a treatment session.
    (H) Comply with the rules concerning the frequency and duration of 
treatment, and the number of absences permitted.
    (v) Consequences of treatment contract violations. Violation of any 
of the terms of the abuser contract may lead to termination of the 
abuser's participation in the clinical treatment program.
    (A) Violations of the abuser contract may include, but are not 
limited to:
    (1) Subsequent incidents of abuse.
    (2) Unexcused absences from more than 10 percent of the total 
number of required sessions.
    (3) Statements or behaviors of the abuser that show signs of 
imminent danger to the victim.
    (4) Behaviors of the abuser that are escalating in severity and may 
lead to violence.
    (5) Non-compliance with co-occurring treatment programs that are 
included in the treatment contract.
    (B) If the abuser violates any of the terms of the abuser contract, 
the clinician or facilitator may terminate the abuser from the 
treatment program; notify the command, civilian criminal justice 
agency, and/or civilian court as appropriate; and notify the victim if 
contact will not endanger the victim.
    (C) The command should take any action it deems appropriate when 
notified that the abuser's treatment has been terminated due to a 
contract violation.
    (vi) Conditions of information disclosure. The circumstances and 
procedures, in accordance with applicable laws, regulations, and 
policies, under which information may be disclosed to the victim and to 
any court with jurisdiction.
    (A) Past, present, and future acts and threats of child abuse or 
neglect will be reported to the member's commander; child protective 
services, when appropriate; and the appropriate military and/or 
civilian law enforcement agency in accordance with applicable laws, 
regulations, and policies.
    (B) Recent and future acts and threats of domestic abuse will be 
reported to the member's commander, the appropriate military and/or 
civilian law enforcement agency, and the potential victim in accordance 
with applicable laws, regulations, and policies.
    (vii) Complaints. The procedures according to which the abuser may 
complain regarding the clinician or the treatment.
    (5) Treatment outside the FAP. If the abuser's treatment is 
provided by a clinician outside the FAP, the FAP clinical service 
provider will follow procedures in accordance with relevant laws, 
regulations, and policies regarding the confidentiality and disclosure 
of information. FAP may not close an open FAP case as resolved if the 
abuser does not consent to release of information from the outside 
provider confirming goal achievement, treatment progress, or risk 
reduction.
    (6) Criteria for evaluating treatment progress and risk reduction. 
The FAP clinical service provider will assess progress in treatment and 
reduction of

[[Page 11804]]

risk consistent with subpart B of this part. If a risk factor is not 
addressed within the FAP but is being addressed by a secondary clinical 
service provider, the FAP clinical service provider will ascertain the 
treatment progress or results in consultation with the secondary 
clinical service provider. Treatment progress should be assessed 
periodically using numerous sources, especially, but not limited to, 
the victim. In making contact with the victim and in using the 
information, promoting victim safety is the priority. Progress in 
clinical treatment and risk reduction is indicated by a combination of:
    (i) Abuser behaviors and attitudes. An abuser is demonstrating 
progress in treatment when, among other indicators, he or she:
    (A) Demonstrates the ability for self-monitoring and assessment of 
his or her behavior.
    (B) Is able to develop a relapse prevention plan.
    (C) Is able to monitor signs of potential relapse.
    (D) Has completed all treatment recommendations.
    (ii) Information from the victim and other relevant sources. The 
abuser is demonstrating progress in treatment when the victim and other 
relevant sources of information state any one or combination of the 
following: That the abuser has:
    (A) Ceased all domestic abuse.
    (B) Reduced the frequency of non-violent abusive behavior.
    (C) Reduced the severity of non-violent abusive behavior.
    (D) Delayed the onset of abusive behavior.
    (E) Demonstrated the use of improved relationship skills.
    (iii) Reduced ratings on risk assessment variables that are subject 
to change. The abuser has successfully reduced risk when the assessment 
of his or her risk is rated at the level the Military Service has 
selected for case closure.
    (e) Personnel qualifications--(1) Minimum qualifications. All 
personnel who conduct clinical assessments of and provide clinical 
treatment to domestic abusers must have these minimum qualifications:
    (i) A master's or doctoral-level human service and/or mental health 
professional degree from an accredited university or college.
    (ii) The highest license in a State or clinical license in good 
standing in a State that authorizes independent clinical practice.
    (iii) 1 year of experience in domestic abuse and child abuse 
counseling or treatment.
    (2) Additional training. All personnel who conduct clinical 
assessments of and/or provide clinical treatment to domestic abusers 
must undergo this additional training:
    (i) Within 6 months of employment, orientation into the military 
culture. This includes training in the Service rank structures and 
military protocol.
    (ii) A minimum of 15 hours of continuing education units within 
every 2 years that are relevant to domestic abuse and child abuse. This 
includes, but is not limited to, continuing education in interviewing 
adult victims of domestic abuse, children, and domestic abusers, and 
conducting treatment groups.
    (iii) Service FAP Managers must develop policies and procedures for 
continued education with clinical skills training that validates 
clinical competence, and not rely solely on didactic or computer 
disseminated training to meet continuing education requirements.
    (f) QA--(1) QA procedures. The FAP Manager must ensure that 
clinical intervention undergoes these QA procedures:
    (i) A quarterly peer review of a minimum of 10 percent of open 
clinical records that includes procedures for addressing any 
deficiencies with a corrective action plan
    (ii) A quarterly administrative audit of a minimum of 10 percent of 
open records that includes procedures for addressing any deficiencies 
with a corrective action plan.
    (2) FAC responsibilities. The installation FAC will analyze trends 
in risk management, develop appropriate agreements and community 
programs with relevant civilian agencies, promote military interagency 
collaboration, and monitor the implementation of such agreements and 
programs on a regular basis consistent with subpart B of this part.
    (3) Evaluation and accreditation review. The installation domestic 
abuse treatment program will undergo evaluation and/or accreditation 
every 4 years, including an evaluation and/or accreditation of its 
coordinated community risk management program consistent with subpart B 
of this part.

    Dated: February 25, 2015.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2015-04310 Filed 3-3-15; 8:45 am]
BILLING CODE 5001-06-P