[Code of Federal Regulations]
[Title 32, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR86 App B]

[Page 449-450]

                       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. Appendix B to Part 86--Criteria For Criminal History Background
                         Check Disqualification

    The ultimate decision to determine how to use information obtained
from the criminal history background checks in selection for positions
involving the care, treatment, supervision, or education of children
must incorporate a common sense decision based upon all known facts.
Adverse information is evaluated by the DoD Component Head or designee
who is qualified at the appropriate level of command in interpreting
criminal history background checks. All information of record both
favorable and unfavorable will be assessed in terms of its relevance,
recentness, and seriousness. Likewise, positive mitigating factors
should be considered. Final suitability decisions shall be made by that
commander or designee. Criteria that will result in disqualification of
an applicant require careful screening of the data and include, but are
not limited to, the following:

                   A. Mandatory Disqualifying Criteria

    Any conviction for a sexual offense, a drug felony, a violent crime,
or a criminal offense involving a child or children.

                        B. Discretionary Criteria

    1. Acts that may tend to indicate poor judgment, unreliability, or
untrustworthiness in working with children.
    2. Any behavior; illness; or mental, physical, or emotional
condition that in the opinion of a competent medical authority may cause
a defect in judgment or reliability.
    3. Offenses involving assault, battery, or other abuse of a victim,
regardless of age of the victim.
    4. Evidence or documentation of substance abuse dependency.
    5. Illegal or improper use, possession, or addiction to any
controlled or psychoactive substances, narcotic, cannibas, or other
dangerous drug.
    6. Sexual acts, conduct, or behavior that, because of the
circumstances in which they occur, may indicate untrustworthiness,
unreliability, lack of judgment, or irresponsibility in working with
children.
    7. A wide range of offenses such as arson, homicide, robbery, fraud,
or any offense involving possession or use of a firearm.
    8. Evidence that the individual is a fugitive from justice.
    9. Evidence that the individual is an illegal alien who is not
entitled to accept gainful employment for a position.
    10. A finding of negligence in a mishap causing death or serious
injury to a child or dependent person entrusted to their care.

                      C. Suitability Considerations

    In making a determination of suitability, the evaluator shall
consider the following additional factors to the extent that these
examples are considered pertinent to the individual case:
    1. The kind of position for which the individual is applying or
employed.
    2. The nature and seriousness of the conduct.
    3. The recentness of the conduct.
    4. The age of the individual at the time of the conduct.
    5. The circumstances surrounding the conduct.
    6. Contributing social or environmental conditions.
    7. The absence or presence of rehabilitation or efforts toward
rehabilitation.
    8. The nexus of the arrests in regard to the job to be performed.

                              D. Questions

    1. All applications, for each of the categories of individuals
identified in Sec.  86.3, will include the following questions: ``Have
you ever been arrested for or charged with a crime involving a child?
Have you ever been asked to resign because of or been decertified for a
sexual offense? And, if so, ``provide a description of the case
disposition.'' For FCC, foster care, and respite care providers, this
question is asked of the applicant regarding all adults, and all
children 12 years and older, who reside in the household.
    2. All applications shall state that the form is being signed under
penalty of perjury. In addition, a false statement rendered by an
employee may result in adverse action up to and including removal from
Federal service.
    3. Evaluation of criminal history background checks is made and
monitored by

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qualified personnel at the appropriate level designated by the
Component. Final suitability decisions are made by the designee.