32 CFR Part 61 — Family Advocacy Program (FAP)

PART 61—FAMILY ADVOCACY PROGRAM (FAP) 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). Source: 80 FR 11780, Mar. 4, 2015, unless otherwise noted. § 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. § 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”). § 61.3 Definitions. Unless otherwise noted, these terms and their definitions are for the purposes of this subpart. Alleged abuser. Child. Child abuse. DoD-sanctioned activity. e.g., Domestic abuse. (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. (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). Family advocacy committee (FAC). FAP. Family Advocacy Program Manager (FAPM). Incident determination committee (IDC). Incident status determination. New Parent Support Program (NPSP). Restricted reporting. Unrestricted reporting. e.g. § 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. § 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 § 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 § 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 (3) Monitor and evaluate compliance with this subpart. (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 http://www.dtic.mil/whs/directives/corres/pdf/602513r.pdf (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 § 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). § 61.6 Procedures. (a) FAP Elements. (1) Prevention. (2) Direct Services. (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. (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. (5) Training. (b) Responding to FAP Incidents. (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). (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. (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. § 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. § 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”). § 61.9 Definitions. Unless otherwise noted, the following terms and their definitions are for the purposes of this subpart. Alleged abuser. Case. Clinical case staff meeting (CCSM). Child. Child abuse. Clinical case management. Clinical intervention. Domestic abuse. (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. (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). Family Advocacy Command Assistance Team (FACAT). Family Advocacy Program (FAP). High risk for violence. Home visitation. Home visitor. IDC. Installation. Installation Family Advocacy Program Manager (FAPM). NPSP. Non-DoD eligible extrafamilial caregiver. Non-medical counseling. Out-of-home care. Primary managing authority (PMA). Restricted reporting. Risk management. Safety planning. Service FAP headquarters. Unrestricted reporting. Victim. Victim advocate. § 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. § 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 § 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 § 61.12 of this subpart. (3) Conduct accreditation and inspection reviews outlined in § 61.12 of this subpart. § 61.12 Procedures. (a) Purposes of the standards Quality Assurance (QA) to address child abuse and domestic abuse. (2) Minimum requirements for oversight, management, logistical support, procedures, and personnel requirements. (3) Measuring quality and effectiveness. (b) Installation response to child abuse and domestic abuse FAC PS 1: Establishment of the FAC. (ii) PS 2: Coordinated community response and risk management plan. 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. (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 PS 4: Roles, functions, and responsibilities. (ii) PS 5: MOUs. (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 ( 2 ( 3 ( 4 ( 5 ( 6 (iii) PS 6: Collaboration between military installations. (iv) PS 7: Domestic abuse victim advocacy services. (v) PS 8: Domestic abuse victim advocate personnel requirements. (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. (vii) PS 10: FAP Communication with military law enforcement. (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 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. (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 PS 12: PMA. (A) In child abuse cases: ( 1 ( 2 ( 3 (B) In domestic abuse cases: ( 1 ( 2 ( 3 ( 4 (ii) PS 13: Risk management approach (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. (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. http://www.dtic.mil/whs/directives/corres/pdf/602518r.pdf (v) PS 16: Risk management and deployment. (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 PS 17: IDC established. (ii) PS 18: IDC operations. (iii) PS 19: Responsibility for training FAC and IDC members. (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. (c) Organization and management of the FAP General organization of the FAP PS 21: Establishment of the FAP. (ii) PS 22: Operations policy. (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 ( 2 ( 3 (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. (iv) PS 24: Funding. (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. (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 PS 26: Personnel requirements. (ii) PS 27: Criminal history record check. http://www.dtic.mil/whs/directives/corres/pdf/140205p.pdf (iii) PS 28: Clinical staff 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. (A) A Bachelor's degree from an accredited university or college in any of the following disciplines: ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 ( 7 (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. (A) A Bachelor's degree from an accredited university or college in any of the following disciplines: ( 1 ( 2 ( 3 ( 4 ( 5 (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. (3) Safety and home visits PS 32: Internal and external duress system established. (ii) PS 33: Protection of home visitors. (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. (4) Management information system PS 35: Management information system policy. (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. (F) Evaluating installation FAP activities. (ii) PS 36: Reporting of statistics. (A) FAP metrics 1 ( 2 (B) NPSP metric 1 ( 2 (C) Domestic abuse treatment metric 1 ( 2 (D) Domestic abuse victim advocacy metrics. ( 1 ( 2 ( 3 ( 4 (d) Public awareness, prevention, NPSP, and training Public awareness activities PS 37: Implementation of public awareness activities in the coordinated community response and risk management plan. (ii) PS 38: Collaboration to increase public awareness of child abuse and domestic abuse. (iii) PS 39: Components of public awareness activities. (A) Protective factors that promote and sustain healthy parent/child relationships. ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 (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 (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 (2) Prevention activities PS 40: Implementation of prevention activities in the coordinated community response and risk management plan. (ii) PS 41: Collaboration for prevention of child abuse and domestic abuse. (iii) PS 42: Primary prevention activities. (A) Information, classes, and non-medical counseling as defined in § 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 and emotional development, promote safe, stable, and nurturing relationships, and encourage parental involvement. (iv) PS 43: Identification of populations for secondary prevention activities. (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. (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 PS 45: Referrals to NPSP. (ii) PS 46: Informed Consent for NPSP. (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. (A) Are eligible to receive services in a military medical treatment facility. (B) Have been assessed by NPSP staff as: ( 1 ( 2 ( 3 (iv) PS 48: Review of NPSP screening. (v) PS 49: NPSP services. (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. (vii) PS 51: Frequency of NPSP home visits. (viii) PS 52: Continuing NPSP risk assessment. (ix) PS 53: Opening, transferring, or closing NPSP cases. (x) PS 54: Disclosure of information in NPSP cases. (4) Training PS 55: Implementation of training requirements. (ii) PS 56: Training for commanders and senior enlisted advisors. (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. (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. (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. (e) FAP Response to incidents of child abuse or domestic abuse Reports of child abuse PS 60: Responsibilities in responding to reports of child abuse. (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. (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. (iv) PS 63: Responsibilities in responding to reports of child abuse involving infants and toddlers from birth to age 3. (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. (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. (3) Informed consent PS 66: Informed consent for FAP clinical assessment, intervention services, and supportive services or clinical treatment. (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. (iii) PS 68: Privileged communication. http://www.apd.army.mil/pdffiles/mcm.pdf, (4) Clinical case management and risk management PS 69: FAP case manager. (ii) PS 70: Initial risk monitoring. (iii) PS 71: Ongoing risk assessment. ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 (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. (5) Clinical assessment PS 73: Clinical assessment policy. (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. (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. (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. (G) A safety assessment. (H) A lethality assessment. (iv) PS 76: Ethical conduct in clinical assessments. (6) Intervention strategy and treatment plan PS 77: Intervention strategy and treatment plan for the alleged abuser. (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. (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. (iv) PS 80: Clinical consultation. (7) Intervention and treatment PS 81: Intervention services for abusers. (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. (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. (iv) PS 84: Ethical conduct in supportive services and treatment for abusers and victims. (v) PS 85: CCSM review of treatment progress. (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. (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 PS 87: Criteria for case closure. (A) Treatment provided to the abuser(s) (whether alleged or adjudicated) is terminated only if either: ( 1 ( 2 ( i ( ii (B) Treatment and supportive services provided to the victim are terminated only if either: ( 1 ( 2 (ii) PS 88: Communication of case closure. (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. (f) Documentation and records management Documentation of NPSP cases PS 90: NPSP case record documentation. (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 ( 2 ( 3 ( 4 (ii) PS 91: Maintenance, storage, and security of NPSP case records. (iii) PS 92: Transfer of NPSP case records. (iv) PS 93: Disposition of NPSP records. (2) Documentation of reported incidents PS 94: Reports of child abuse and unrestricted reports of domestic abuse. (ii) PS 95: Documentation of multiple incidents. (iii) PS 96: Maintenance, storage, and security of FAP case records. (iv) PS 97: Transfer of FAP case records. (v) PS 98: Disposition of FAP records. http://www.dtic.mil/whs/directives/corres/pdf/501502p.pdf (3) Central registry of child abuse and domestic abuse incidents PS 99: Recording data into the Service FAP headquarters central registry of child abuse and domestic abuse incidents. (ii) PS 100: Access to the DoD central registry of child and domestic abuse incidents. (iii) PS 101: Access to Service FAP headquarters central registry of child and domestic abuse reports. (4) Documentation of restricted reports of domestic abuse PS 102: Documentation of restricted reports of domestic abuse. (ii) PS 103: Maintenance, storage, security, and disposition of restricted reports of domestic abuse. (g) Fatality notification and review Fatality notification PS 104: Domestic abuse fatality and child abuse fatality notification. (ii) PS 105: Timeliness of reporting domestic abuse and child abuse fatalities to DASD(MC&FP). (iii) PS 106: Reporting format for domestic abuse and child abuse fatalities. (2) Review of fatalities PS 107: Information forwarded to the Service FAP headquarters fatality review. (ii) PS 108: Cooperation with non-DoD fatality review teams. (h) QA and accreditation or inspections QA PS 109: Installation FAP QA program. (ii) PS 110: QA Training. (iii) PS 111: Monitoring FAP compliance with PSs. (2) Accreditation or inspections PS 112: Accreditation or inspections. (ii) PS 113: Review of accreditation and inspection results. Appendix to § 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 Headquarters central registry 101 35 Reporting of statistics 36 17-18 Child abuse reports 60-64 25-26 Coordination with other authorities 62 26 Emergency removal of a child 61 26 FAP and military law enforcement communication 10 10 Protection of children 11 10 Involving infants and toddlers birth to age three 63 26 Sexual abuse in DoD-sanctioned activities 64 26 Clinical assessment policy 73 28 Components of FAP clinical assessment 75 29 Ethical conduct 76 30 Gathering and disclosing information 74 29 Informed consent 66-68 27 Clinical consultation 80 31 Collaboration between military installations 6 9 Continuity of services 87 33 Coordinated community response 2-4 7-9 Emergency response plan 9 10 FAP and military law enforcement 10 10 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 abuse 103 36 Documentation Informed consent 67 27 Multiple incidents 95 35 NPSP cases 90 34 Reports of child abuse 94 35 Restricted reports of domestic abuse 102 36 Unrestricted reports of domestic abuse 94 34 Domestic abuse Clinical assessment 73-76 28-30 Clinical case management 69-72 27-28 FAP and military law enforcement communication 10 10 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 and risk management plan 2 7 Establishment 1 7 Monitoring of coordinated community response and risk management 3 8 Risk management 3, 13 8, 11 Roles, functions, responsibilities 4 8 FAP Accreditation/inspection 109-113 37 Clinical staff qualifications 28 15 Coordinated community response and risk management plan 2 7 Criminal history background check 27 15 Establishment 21 13 FAP manager 23 14 Funding 24 14 Internal and external duress system 32 16 Management information system policy 35 17 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 qualifications 29 15 QA 110-112 37 Victim advocate personnel requirements 8 9 Victim advocate staff qualifications 30 16 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 fatality review teams 108 36 Service FAP headquarters fatality review process 107 36 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 progress 85 32 Clinical consultation 80 31 Commander's access to information 78 30 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 services 84 32 Informed consent 66 27 Intervention services for abusers 81 31 Intervention strategy and treatment plan for abusers 77 30 Supportive services and treatment for eligible victims 82 31 Supportive services for ineligible victims 83 32 Management information system 35-36 17-18 Policy 35 17 Reporting statistics 36 17 Domestic abuse offender treatment 36 17 Domestic abuse victim advocate metrics 36 17 FAP metrics 36 17 NPSP metrics 36 18 MOU 5 9 Metrics 36 17-18 Domestic abuse treatment 36 18 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 system 32 16 Maintenance, storage, and security of records 91 34 Opening, transferring, and closing cases 53 23 Protection of home visitors 33 16 Protocol 50 23 Referrals to NPSP 45 21 Reporting known or suspected child abuse 34 17 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 for secondary prevention activities 43 20 Implementation of activities in coordinated community response and risk management plan 40 20 Primary prevention activities 42 20 Secondary prevention activities 44 21 PMA 12 11 Public awareness 37-39 19-20 Collaboration to increase public awareness 38 19 Components 39 19-20 Implementation of activities in the annual FAP plan 37 19 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, storage, and security 96 35 NPSP case records maintenance, storage, and security 91 34 Transfer of FAP records 97 35 Transfer of NPSP records 92 34 Unrestricted reports of domestic abuse 94 35 Risk management 13 11 Assessments 14 11 Case manager 69 27 Communication of increased risk 72 28 Deployment 16 12 Disclosure of information 15 12 Initial risk monitoring 70 27 Ongoing risk assessment 71 27 Review and monitoring of the coordinated community response and risk management plan 2, 3 7, 8 PMA 12 11 Training Commanders and senior enlisted advisors 56 23 Content 58 24 FAC and IDC 19 12 Implementation of training requirements 55 23 Installation personnel 57 24 NPSP personnel 59 25 QA 111 37 Subparts C-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. § 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 (1) Current or former spouses, or (2) Intimate partners. § 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”). § 61.27 Definitions. Unless otherwise noted, the following terms and their definitions are for the purpose of this subpart. Abuser. Abuser contract. Clinical case management. Clinical case staff meeting (CCSM). Clinical intervention. Domestic abuse. (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. (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. Incident determination committee. Intimate partner. Risk management. Severe abuse. Unrestricted report. e.g. § 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. § 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. 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. § 61.30 Procedures. (a) General principles for clinical intervention Components of clinical intervention. (2) Military administrative and disciplinary actions and clinical intervention. (3) Goals of clinical intervention. (4) Therapeutic alliance (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. (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. (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. (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. (b) Coordinated community risk management General. (2) Responsibility for coordinated community risk management. (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. (iv) The FAP clinical service provider or case manager for liaison with civilian authorities in the event the abuser is a civilian. (3) Implementation. (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) ( 2) ( 3) ( 4) (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. (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. (i) Initial clinical case management. (ii) Periodic clinical case management. (iii) Follow-up. (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 Purposes. (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. (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 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. (i) Exacerbating factors. (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. (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. (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. (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. (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. (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. (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. (9) Tools and instruments for assessment. (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 Theoretical approaches. (2) Treatment Planning. (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. (B) Special Strategies for Grieving Abusers. ( 1 ( 2 (C) Co-Occurrence of substance abuse. ( 1 ( 2 ( 3 (D) Co-occurrence of child abuse. ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 (E) Occurrence of sexual abuse within the context of domestic abuse. (F) Deployment. ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 (3) Treatment modalities. (i) Group therapy. (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 3 ( 1 ( 2 ( 3 (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. (iii) Conjoint treatment with substance abusers. (iv) Conjoint treatment of victim and abuser. (A) Limitations on Use. ( 1 ( 2 ( 3 ( 4 ( 5 ( i ( ii ( iii (B) Contra-indications. ( 1 ( i ( ii ( 2 ( i ( ii ( iii e.g., (v) Couple's meetings. (4) Treatment contract. (i) Goals. (ii) Time and attendance requirements. (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. (iv) Abuser responsibilities. (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. (A) Violations of the abuser contract may include, but are not limited to: ( 1 ( 2 ( 3 ( 4 ( 5 (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. (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. (5) Treatment outside the FAP. (6) Criteria for evaluating treatment progress and risk reduction. (i) Abuser behaviors and attitudes. (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. (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. (e) Personnel qualifications 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. (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 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. (3) Evaluation and accreditation review.

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