[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 32CFR86.3]



[Page 487-490]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 86_CRIMINAL HISTORY BACKGROUND CHECKS ON INDIVIDUALS IN CHILD CARE 

SERVICES--Table of Contents

 

Sec.  86.3  Definitions.



    Terms used in this part are defined as follows.

    (a) Appropriated Fund (APF) Employees. Personnel hired by DoD 

Components with appropriated funds as defined in the FPM, Chapter 731. 

This includes temporary employees, 18 years old or older, who work with 

children.

    (b) Care provider. As defined in Public Law 101-647, section 231 and 

Public Law 102-190, section 1094. Providers included are current and 

prospective individuals hired with APF and nonappropriated funds (NAF) 

for education, treatment or healthcare, child care or youth activities, 

individuals employed under contract who work with children and those who 

are certified for care. Care providers are individuals working within 

programs that include alphabetically: Child Development Programs, DoD 

Dependents Schools, DoD-Operated or -Sponsored Activities, DoD Section 6 

School Arrangements, Foster Care, Private Organizations on DoD 

Installations, and Youth Programs. Background checks are required for 

all civilian and military providers (except military health care 

providers) involved in child care services who have regular contact with 

children.

    (c) Child. An unmarried person, whether natural child, adopted 

child, foster child, stepchild, or ward, who is a family member of a 

military member or DoD civilian or their spouse, and who is under the 

age of 18 years; or is incapable of self support because of a mental or 

physical incapacity and for whom treatment is authorized in a medical 

facility of the Military Services, ad defined in DoD Directive 6400.1.

    (d) Child abuse and/or neglect. The physical injury, sexual 

maltreatment, emotional maltreatment, deprivation of necessities, or 

other maltreatment of a child. The term encompasses both acts and 

omissions on the part of a responsible person, as defined in DoD 

Directive 6400.1.

    (e) Child care services. DoD personnel and contractors who are 

involved in



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any of the following: ``Child protective services (including the 

investigation of child abuse and neglect reports), social services, 

health and mental health care, child (day) care, education (whether or 

not directly involved in teaching), foster care, residential care, 

recreational or rehabilitative programs, and detention, correctional, or 

treatment services,'' as defined in Public Law 101-647, section 231.

    (f) Child Development Center (CDC). An installation facility or part 

of a facility used for child care operated under the oversight of 

Component's Child Development Programs (CDPs) and as defined in DoD 

Instruction 6060.2.

    (g) Child Development Programs (CDPs). Programs for dependents of 

DoD personnel provided in CDCs, family child care (FCC) homes, and 

alternative child care options. The care provided is on a full-day, 

part-day, or hourly basis. Care is designed to protect the health and 

safety of children and promote their physical, social, emotional, and 

intellectual development, as defined in DoD Instruction 6060.2.

    (h) Child sexual abuse. Employment, use, persuasion, inducement, 

enticement, or coercion of any child to engage in, or having a child 

assist any other person to engage in, any sexually explicit conduct (or 

any simulation of such conduct) or the rape, molestation, prostitution, 

or any other such form of sexual exploitation of children, or incest 

with children. All sexual activity between an offender and a child, when 

the offender is in a position of power over the child, is considered 

sexual maltreatment, as defined in DoD Instruction 6400.2.

    (i) Criminal history background check. An investigation based on 

fingerprints and other identifying information obtained by a law 

enforcement officer conducted through the Federal Bureau of 

Investigation-Identification Division (FBI-ID) and SCHR of all States 

that an employee or prospective employee list as current and former 

residences on an employment application initiated through the personnel 

programs of the applicable Federal Agencies, as defined in Public Law 

101-647 or through the personnel program of a given government 

contractor.

    (j) Defense Clearance and Investigations Index (DCII). The central 

DoD record of investigative files and adjudicative actions such as 

clearances and access determinations, revocations, and denials 

concerning military, civilian, and contract personnel.

    (k) DoD Dependents Schools (DoDDS). Schools operated by the 

Department of Defense for minor dependents of military members or DoD 

civilians assigned to duty in foreign countries, as defined in DoD 

Directive 1400.13.

    (l) DoD-operated or -sponsored activity. A contracted entity 

authorized by appropriate DoD officials to perform child care, 

education, treatment, or supervisory functions on DoD-controlled 

property. Examples include but are not limited to CDPs, FCC Programs, 

Medical Treatment Facilities, DoDDS, DoD Section 6 Schools, and Youth 

Programs.

    (m) DoD Section 6 Schools. The educational arrangements made for the 

provision of education to eligible dependent children by the Department 

of Defense under Public Law 81-874, section 6, as defined in 32 CFR part 

68, in the Continental United States, Alaska, Hawaii, Puerto Rico, Wake 

Island, Guam, American Samoa, the Northern Mariana Islands, and the 

Virgin Islands.

    (n) Family Child Care (FCC). Quarters-based child care provided in 

Government-owned or -leased quarters, in which care is provided on a 

regular basis for compensation, usually for more than 10 hours a week 

per child, to one or more (up to six) children, including the provider's 

own children under 8 years of age, as defined in DoD Instruction 6060.2

    (o) Foreign National Employees Overseas. Non-U.S. citizens hired by 

the Department of Defense for employment on an overseas installation.

    (p) Foster care. A voluntary or court-mandated program that provides 

24-hour care and supportive services in a family home or group facility 

for children who cannot be properly cared for by their own family.

    (q) Government-contracted care providers. An individual or a group 

of individuals hired under a Government contract to provide instruction, 

child care services, healthcare, or youth services.



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FCC providers are not considered contracted Government employees for 

this part.

    (r) Healthcare personnel. Personnel involved in the delivery of 

healthcare to children under the age of 18 on a frequent and regular 

basis. See ASD(HA) memorandum dated April 20, 1992.

    (1) Medical and dental care staff. Physicians, dentists, nurse 

practitioners, clinical social workers, clinical psychologists, 

physicians' assistants, physical therapists, and speech pathologists.

    (2) Clinical support staff. Clinical providers not granted defined 

clinical privileges to include residents, registered nurses, licensed 

practical nurses, nursing assistants, play therapists, and technicians, 

and defined in DoD Directive 6025.11.

    (s) Installation Records Check (IRC). An investigation conducted 

through the records of all installations of an individual's identified 

residences for the preceding 2 years before the date of the application. 

This record check shall include, at a minimum, police (base and/or 

military police, security office, or criminal investigators or local law 

enforcement) local files check, Drug and Alcohol Program, Family 

Housing, Medical Treatment Facility for Family Advocacy Program to 

include Service Central Registry records and mental health records, and 

any other record checks as appropriate, to the extent permitted by law.

    (t) National Agency Check (NAC). As defined in 32 CFR part 154.

    (u) National Agency Check and Inquiries (NACI). As defined in the 

FPM, Chapters 731 and 736.

    (v) Nonappropriated Fund Instrumentalities (NAFI) Employees. 

Personnel hired by the DoD Components, compensated from NAFI funds as 

defined in DoD Directive 1015.1. This includes temporary employees, 18 

years old or older, who work with children.

    (w) Private Organizations on DoD Installations. A nongovernmental 

entity authorized by the Department of Defense to perform child care 

services, education, or supervisory functions with children on DoD-

controlled property, as defined in 32 CFR part 212. Examples include 

religious groups and associations, such as scouts.

    (x) Respite care. Provides short-term child care and supportive 

services in a family home or group facility for children to relieve 

stress, prevent child abuse, and promote family unity for a parent, 

foster parent, guardian, or family member.

    (y) Regular contact. Responsible for a child or with access to 

children on a frequent basis as defined by the Component.

    (z) Specified volunteer position. A position, designated by the DoD 

Component Head or designee, such as installation commander, requiring an 

installation record check because of the nature of the volunteer work in 

child care services.

    (aa) State Criminal History Repository (SCHR). The State's central 

record of investigative files. State information, including addresses, 

phone numbers, costs and remarks, is listed in appendix C to this part.

    (bb) Supervision. Refers to having temporary responsibility for 

children in child care services, and temporary or permanent authority to 

exercise direction and control by an individual over an individual whose 

required background checks have been initiated but not completed.

    (cc) Temporary employees. This category includes nonstatus 

appointments to a competitive service position for a specified period, 

not to exceed a year. This includes summer hires, student interns, and 

NAFI flexible category employees.

    (dd) Volunteer activities. Activities where individuals offer 

assistance on an unpaid basis in child and youth programs or other 

activities on DoD installations. Examples include sports programs, 

religious programs, scouting programs, and preschools sponsored by 

private parent cooperatives or other associations conducted on the 

installation.

    (ee) Volunteers. Individuals who offer program assistance on an 

unpaid basis.

    (ff) Youth programs. DoD-sponsored activities, events, services, 

opportunities, information, and individual assistance responsive to the 

recreational, developmental, social, psychological, and cultural needs 

of eligible children and youth. Includes before and after school



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programs as well as holiday and summer camps.