11778 Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Rules and Regulations 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 61 

[Docket ID: DOD–2013–OS–0092] 

RIN 0790–AI49 

Family Advocacy Program (FAP) 

AGENCY: Under Secretary of Defense for 

Personnel and Readiness, DoD. 

ACTION: Interim final rule. 

SUMMARY: This interim final rule 

establishes policy and assigns 

responsibilities for addressing child 

abuse and domestic abuse through the 

FAP. The Family Advocacy Program 

(FAP): Guidelines for Clinical 

Intervention for Persons Reported as 

Domestic Abusers provides clinical 

guidelines for the FAP assessment, 

clinical rehabilitative treatment, and 

ongoing monitoring and risk 

management of individuals who have 

reported to FAP by means of an 

unrestricted report for domestic abuse 

against current or former spouses, or 

intimate partners. This rule is being 

published as an interim final rule to 

broaden the scope of FAP services to 

include former and current same-sex 

spouses in a legal union recognized as 

a marriage by a state or other 

jurisdiction. This rule extends benefits 

to same-sex spouses of Military Service 

members and DoD civilians following 

the June 26, 2013 U.S. Supreme Court 

decision to declare Section Three of the 

Defense of Marriage Act 

unconstitutional. 

DATES: This rule is effective March 4, 

2015. Comments must be received by 

May 4, 2015. 

ADDRESSES: You may submit comments, 

identified by docket number and/or RIN 

number and title, by any of the 

following methods: 

• Federal Rulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 4800 Mark Center Drive, 

East Tower, Suite 02G09, Alexandria, 

VA 22350–3100. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

Federal Register document. The general 

policy for comments and other 

submissions from members of the public 

is to make these submissions available 

for public viewing on the Internet at 

http://www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: 

Mary Campise, 571–372–5346. 

SUPPLEMENTARY INFORMATION: 

Retrospective Review 

This rule is part of DoD’s 

retrospective plan, completed in August 

2011, under Executive Order 13563, 

’’Improving Regulation and Regulatory 

Review.’’ DoD’s full plan and updates 

can be accessed at: http://

www.regulations.gov/#!docketDetail;

dct=FR+PR+N+O+SR;rpp=10;po=0;

D=DOD-2011-OS-0036. 

Interim Final Rule Justification 

This interim final rule represents a 

significant update to standards that 

were originally published in 1992 and 

are long overdue. This update 

represents a major revision to address 

significant gaps in policy and 

procedures. Research supported clinical 

practices and victim advocacy services 

have changed substantially in the last 20 

years. Delaying publication potentially 

poses a serious and continued risk to 

our most vulnerable families. 

The interim final rule emphasizes the 

essential role FAP must fulfill in the 

safety and risk management of child 

abuse/neglect and domestic abuse 

incidents. This focus on safety and risk 

management is a significant shift in 

policy and procedures. Highlights 

include: (1) Requires the Services to 

develop and monitor standardized risk 

management plans to ensure that the 

safety needs of adult victims of 

domestic abuse and child victims of 

child abuse/neglect are addressed 

immediately; (2) establishes standards 

for domestic abuse victim advocates 

who perform essential safety planning 

functions; (3) establishes standards for 

the involvement of military family 

advocacy services in child abuse and 

neglect cases that are managed by the 

local or State courts, or child welfare or 

protection agencies. This ensures that 

the military family advocacy programs 

and the civilian child protection 

agencies work closely on court-managed 

cases involving military affiliated 

children. Targeted focus has been 

applied to families with children 0–3 

who are most vulnerable to the effects 

of family disruption; (4) institutes 

research based standard decision trees 

in the assessment of child abuse and 

neglect and domestic abuse referrals. 

This standardization ensures that all 

incidents of abuse and neglect are 

assessed consistently and with high 

standards of care across all geographic 

locations; (5) requires the establishment 

of internal and external duress systems 

for personnel who are responding to 

potentially high-risk-for-violence 

incidents; (6) establishes standards for 

early intervention with new parents and 

families who are at high risk for child 

abuse/neglect; and (7) provides 

unprecedented and essential policy and 

guidance on the response, assessment, 

and treatment of military affiliated 

offenders of domestic abuse. 

Executive Summary 

I. Purpose of the Regulatory Action 

DoD is committed to preventing child 

abuse and neglect and domestic abuse 

against current or former spouses and 

intimate partners by ensuring the 

Family Advocacy Program (FAP) 

provides a full range of prevention and 

intervention services to all eligible 

beneficiaries. This rule will provide 

guidance to military families if child 

abuse and neglect or domestic abuse 

occurs. This rule updates previous 

policy statements and more completely 

annotates references and source 

documents. This rule also adds new 

review, reporting and information 

protection responsibilities along with 

new procedures addressing those tasks. 

Description of Authority Citation: 

5 U.S.C. 552a; Privacy Act establishes 

the regulation of records maintained on 

individuals by any executive 

department, military department, 

Government corporation, Government 

controlled corporation, or other 

establishment in the executive branch of 

the Government. 

10 U.S.C. 1058(b) Establishes the 

responsibilities of military law 

enforcement officials at scenes of 

domestic violence 

10 U.S.C. 1783 establishes guidance 

on family members serving on advisory 

committees 

10 U.S.C. 1787 directs the Secretary of 

Defense to request each State to provide 

for the reporting to the Secretary of any 

report the State receives of known or 

suspected instances of child abuse and 

neglect in which the person having care 

of the child is a member of the armed 

forces (or the spouse of the member). 

10 U.S.C. 1794 directs the Secretary of 

Defense to maintain a special task force 

to respond to allegations of widespread 

child abuse at a military installation. 

The task force shall be composed of 

personnel from appropriate disciplines, 

including, where appropriate, medicine, 

psychology, and childhood 

development. In the case of such 

allegations, the task force shall provide 

assistance to the commander of the 

installation, and to parents at the 

installation, in helping them to deal 

with such allegations. 


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Public Law 103–337, Section 

534(d)(2) establishes victim advocacy 

services for victims of family violence 

through the family advocacy programs 

of the military departments. 

II. Summary of the Major Provisions of 

the Regulatory Action in Question 

This regulatory action: 

a. Establishes policy and assigns 

responsibilities for addressing child 

abuse and domestic abuse through the 

FAP. 

b. Establishes guidance about FAP 

research and evaluation and participates 

in other federal research and evaluation 

projects relevant to the assessment, 

treatment, and risk management of 

domestic abuse. 

c. Identifies tools to assess risk of 

recurrence of domestic abuse. 

d. Establishes lethality risk 

assessment guidelines. 

e. Extends benefits to same-sex 

spouses of Military Service members 

and DoD civilians. 

III. Costs and Benefits 

Providing the full spectrum of Family 

Advocacy Program services at military 

installations with command sponsored 

families as described in this Rule costs 

approximately 180 million annually. 

This cost represents the labor costs to 

the Department to provide these 

services. Without these installationcentric services, the burden would be 

shifted to the civilian sector. Service 

members and their families will return 

to the civilian community after their 

service to our country is complete. 

Child abuse and domestic abuse 

prevention and intervention services 

targeting at-risk military families while 

on active duty are designed and 

delivered to reduce the risk of reoccurrence of family violence after this 

transition is complete. 

Benefit to the Department and to the 

public is to provide an effective and 

well-coordinated community response 

to reports of child abuse and neglect and 

domestic abuse involving military 

service members and their families that 

addresses the unique aspects of military 

life to include frequent moves, 

deployments, and lengthy separations. 

In Fiscal Year 2012, the DoD Family 

Advocacy Program assessed 18,671 

unrestricted reports of domestic abuse 

and 15,646 reports of child abuse and 

neglect. Of those, 9,254 met the criteria 

for domestic abuse and 7,003 met the 

criteria for child abuse and neglect. The 

assessment of these reports is best 

accomplished by a standardized and 

well-coordinated approach involving 

social services, medical treatment, law 

enforcement, and command to promote 

the safety and well-being of all those 

referred and to preserve the readiness of 

our military. Referrals that meet the 

criteria for domestic abuse or child 

abuse and neglect require clinical 

assessment, treatment, rehabilitation 

and ongoing monitoring and risk 

management of offenders. Standard 

requirements and clinical guidelines 

based on the best available research in 

the field enable the Family Advocacy 

Program to promote effective 

intervention with offenders and 

potentially reduce recidivism thus 

reducing the long-term cost of domestic 

abuse and child abuse and neglect. 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

Executive Orders 13563 and 12866 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distribute impacts, and equity). 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This rule has been 

designated a ‘‘significant regulatory 

action,’’ although not economically 

significant, under section 3(f) of 

Executive Order 12866. Accordingly, 

the rule has been reviewed by the Office 

of Management and Budget (OMB). 

It has been determined that 32 CFR 

part 61 is a significant regulatory action 

because it raises novel legal or policy 

issues arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in these Executive Orders. 

However, this rule does not: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy; a section of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another Agency; or 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of recipients thereof. 

Unfunded Mandates Reform Act (Sec. 

202, Pub. L. 104–4) 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

(Pub. L. 104–4) requires agencies assess 

anticipated costs and benefits before 

issuing any rule whose mandates 

require spending in any 1 year of $100 

million in 1995 dollars, updated 

annually for inflation. In 2014, that 

threshold is approximately $141 

million. This document will not 

mandate any requirements for State, 

local, or tribal governments, nor will it 

affect private sector costs. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

It has been certified that this rule is 

not subject to the Regulatory Flexibility 

Act (5 U.S.C. 601) because it would not, 

if promulgated, have a significant 

economic impact on a substantial 

number of small entities. Therefore, the 

Regulatory Flexibility Act, as amended, 

does not require us to prepare a 

regulatory flexibility analysis. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

Section 61.5(d)(8) of this rule contains 

information collection requirements. 

DoD submitted the following proposal 

to OMB under the provisions of the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35). OMB pre-approved this 

collection and assigned it OMB control 

number 0704–0536. Comments are 

invited on: (a) Whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of DoD, including whether the 

information will have practical utility; 

(b) the accuracy of the estimate of the 

burden of the proposed information 

collection; (c) ways to enhance the 

quality, utility, and clarity of the 

information to be collected; and (d) 

ways to minimize the burden of the 

information collection on respondents, 

including the use of automated 

collection techniques or other forms of 

information technology. 

(1) Title: Central Registry: Child 

Maltreatment and Domestic Abuse 

Incident Reporting System 

Type of Request: Collection in use 

without OMB approval. 

Number of Respondents: 19,585. 

Responses per Respondent: 1. 

Annual Responses: 19,585. 

Average Burden per Response: 2 

hours. 

Annual Burden Hours: 38,026 hours. 

Needs and Uses: DoD Instruction 

6400.01 Family Advocacy Program 

(FAP) establishes policy and assigns 

responsibility for addressing child abuse 

and neglect and domestic abuse through 

family advocacy programs and services. 

Each military Services delivers a family 

advocacy program to their respective 

military members and their families. 

Military or family members may use 


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these services, and voluntary personal 

information must be gathered to 

determine benefit eligibility and 

individual needs. Each military Service 

maintains a database. DMDC collects 

that information for DoD FAP. 

OMB Desk Officer 

Written comments and 

recommendations on the proposed 

information collection should be sent to 

Ms. Jasmeet Seehra at the Office of 

Management and Budget, Desk Officer 

for DoD, Room 10236, New Executive 

Office Building, Washington, DC 20503, 

with a copy to Mary E. Campise at the 

Office of Family Policy/Children and 

Youth, Program Analyst for the Family 

Advocacy Program, 4800 Mark Center 

Drive, Suite 03G15, Alexandria, VA 

22350–2300. Comments can be received 

from 30 to 60 days after the date of this 

notice, but comments to OMB will be 

most useful if received by OMB within 

30 days after the date of this notice. 

You may also submit comments, 

identified by docket number and title, 

by the following method: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Instructions: All submissions received 

must include the agency name, docket 

number and title for this Federal 

Register document. The general policy 

for comments and other submissions 

from members of the public is to make 

these submissions available for public 

viewing on the Internet at http://

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

To request more information on this 

proposed information collection or to 

obtain a copy of the proposal and 

associated collection instruments, 

please write to Mary E. Campise at the 

Office of Family Policy/Children and 

Youth, Program Analyst for the Family 

Advocacy Program, 4800 Mark Center 

Drive, Suite 03G15, Alexandria, VA 

22350–2300, 571–372–5346. 

Executive Order 13132, ‘‘Federalism’’ 

Executive Order 13132 establishes 

certain requirements that an agency 

must meet when it promulgates a 

proposed rule (and subsequent final 

rule) that imposes substantial direct 

requirement costs on State and local 

governments, preempts State law, or 

otherwise has Federalism implications. 

This interim final rule will not have a 

substantial effect on State and local 

governments. 

List of Subjects in 32 CFR Part 61 

Alcohol abuse, Domestic violence, 

Drug abuse. 

Accordingly 32 CFR part 61 is added 

to read as follows: 

PART 61—FAMILY ADVOCACY 

PROGRAM (FAP) 

Subpart A—Family Advocacy Program 

(FAP) 

Sec. 

61.1 Purpose. 

61.2 Applicability. 

61.3 Definitions. 

61.4 Policy. 

61.5 Responsibilities. 

61.6 Procedures. 

Subpart B—FAP Standards 

61.7 Purpose. 

61.8 Applicability. 

61.9 Definitions. 

61.10 Policy. 

61.11 Responsibilities. 

61.12 Procedures. 

Subpart C—[Reserved] 

Subpart D—[Reserved ] 

Subpart E—Guidelines for Clinical 

Intervention for Persons Reported as 

Domestic Abusers 

61.25 Purpose. 

61.26 Applicability. 

61.27 Definitions. 

61.28 Policy. 

61.29 Responsibilities. 

61.30 Procedures. 

Subpart A—Family Advocacy Program 

(FAP) 

Authority: 5 U.S.C. 552a; 10 U.S.C. 

1058(b), 1783, 1787, and 1794; Public Law 

103–337, Section 534(d)(2). 

§ 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. An individual 

reported to the FAP for allegedly having 

committed child abuse or domestic 

abuse. 

Child. An unmarried person under 18 

years of age for whom a parent, 

guardian, foster parent, caregiver, 

employee of a residential facility, or any 

staff person providing out-of-home care 

is legally responsible. The term means 

a biological child, adopted child, 

stepchild, foster child, or ward. The 

term also includes a sponsor’s family 

member (except the sponsor’s spouse) of 

any age who is incapable of self-support 

because of a mental or physical 

incapacity, and for whom treatment in 

a DoD medical treatment program is 

authorized. 

Child abuse. The physical or sexual 

abuse, emotional abuse, or neglect of a 

child by a parent, guardian, foster 

parent, or by a caregiver, whether the 

caregiver is intrafamilial or 

extrafamilial, under circumstances 

indicating the child’s welfare is harmed 

or threatened. Such acts by a sibling, 

other family member, or other person 

shall be deemed to be child abuse only 

when the individual is providing care 

under express or implied agreement 

with the parent, guardian, or foster 

parent. 

DoD-sanctioned activity. A DoDsanctioned activity is defined as a U.S. 

Government activity or a 

nongovernmental activity authorized by 

appropriate DoD officials to perform 

child care or supervisory functions on 

DoD controlled property. The care and 

supervision of children may be either its 

primary mission or incidental in 

carrying out another mission (e.g., 

medical care). Examples include Child 

Development Centers, Department of 

Defense Dependents Schools, or Youth 

Activities, School Age/Latch Key 

Programs, Family Day Care providers, 

and child care activities that may be 

conducted as a part of a chaplain’s 

program or as part of another Morale, 

Welfare, or Recreation Program. 

Domestic abuse. Domestic violence or 

a pattern of behavior resulting in 

emotional/psychological abuse, 

economic control, and/or interference 

with personal liberty that is directed 

toward a person who is: 

(1) A current or former spouse. 

(2) A person with whom the abuser 

shares a child in common; or 

(3) A current or former intimate 

partner with whom the abuser shares or 

has shared a common domicile. 

Domestic violence. An offense under 

the United States Code, the Uniform 

Code of Military Justice (UCMJ), or State 

law involving the use, attempted use, or 

threatened use of force or violence 


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against a person, or a violation of a 

lawful order issued for the protection of 

a person who is: 

(1) A current or former spouse. 

(2) A person with whom the abuser 

shares a child in common; or 

(3) A current or former intimate 

partner with whom the abuser shares or 

has shared a common domicile. 

Family Advocacy Command 

Assistance Team (FACAT). A 

multidisciplinary team composed of 

specially trained and experienced 

individuals who are on-call to provide 

advice and assistance on cases of child 

sexual abuse that involve DoDsanctioned activities. 

Family advocacy committee (FAC). 

The policy-making, coordinating, 

recommending, and overseeing body for 

the installation FAP. 

FAP. A program designed to address 

prevention, identification, evaluation, 

treatment, rehabilitation, follow-up, and 

reporting of family violence. FAPs 

consist of coordinated efforts designed 

to prevent and intervene in cases of 

family distress, and to promote healthy 

family life. 

Family Advocacy Program Manager 

(FAPM). An individual designated by a 

Secretary of a Military Department or 

the head of another DoD Component to 

manage, monitor, and coordinate the 

FAP at the headquarters level. 

Incident determination committee 

(IDC). A multidisciplinary team of 

designated individuals working at the 

installation level, tasked with 

determining whether a report of 

domestic abuse or child abuse meets the 

relevant DoD criteria for entry into the 

Service FAP Central Registry as child 

abuse and domestic abuse incident. 

Formerly known as the Case Review 

Committee. 

Incident status determination. The 

IDC determination of whether or not the 

reported incident meets the relevant 

criteria for alleged child abuse or 

domestic abuse for entry into the 

Service FAP central registry of child 

abuse and domestic abuse reports. 

New Parent Support Program (NPSP). 

A standardized secondary prevention 

program under the FAP that delivers 

intensive, voluntary, strengths based 

home visitation services designed 

specifically for expectant parents and 

parents of children from birth to 3 years 

of age to reduce the risk of child abuse 

and neglect. 

Restricted reporting. A process 

allowing an adult victim of domestic 

abuse, who is eligible to receive military 

medical treatment, including civilians 

and contractors who are eligible to 

receive military healthcare outside the 

Continental United States on a 

reimbursable basis, the option of 

reporting an incident of domestic abuse 

to a specified individual without 

initiating the investigative process or 

notification to the victim’s or alleged 

offender’s commander. 

Unrestricted reporting. A process 

allowing a victim of domestic abuse to 

report an incident using current 

reporting channels, e.g. chain of 

command, law enforcement or criminal 

investigative organization, and FAP for 

clinical intervention. 

§ 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 FAPrelated issues. 

(2) Ensure that the information 

included in notifications of extrafamilial child sexual abuse in DoDsanctioned activities is retained for 1 

month from the date of the initial report 

to determine whether a request for a 

FACAT in accordance with DoD 

Instruction 6400.03, ‘‘Family Advocacy 

Command Assistance Team’’ (available 

at http://www.dtic.mil/whs/directives/

corres/pdf/640003p.pdf) may be 

forthcoming. 

(3) Monitor and evaluate compliance 

with this subpart. 


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(4) Review annual summaries of 

accreditation/inspection reviews 

submitted by the Military Departments. 

(5) Convene an annual DoD 

Accreditation/Inspection Review 

Summit to review and respond to the 

findings and recommendations of the 

Military Departments’ accreditation/

inspection reviews. 

(d) The Secretaries of the Military 

Departments will: 

(1) Establish DoD Component policy 

and guidance on the development of 

FAPs, including case management and 

monitoring of the FAP consistent with 

10 U.S.C. 1058(b), this subpart, and 

published FAP guidance, including DoD 

Instruction 6400.06 and DoD 6400.1–M, 

‘‘Family Advocacy Program Standards 

and Self-Assessment Tool’’ (available at 

http://www.dtic.mil/whs/directives/

corres/pdf/640001m.pdf). 

(2) Designate a FAPM to manage the 

FAP. The FAPM will have, at a 

minimum: 

(i) A masters or doctoral level degree 

in the behavioral sciences from an 

accredited U.S. university or college. 

(ii) The highest licensure in good 

standing by a State regulatory board in 

either social work, psychology, or 

marriage and family therapy that 

authorizes independent clinical 

practice. 

(iii) 5 years of post-license experience 

in child abuse and domestic abuse. 

(iv) 3 years of experience supervising 

licensed clinicians in a clinical 

program. 

(3) Coordinate efforts and resources 

among all activities serving families to 

promote the optimal delivery of services 

and awareness of FAP services. 

(4) Establish standardized criteria, 

consistent with DoD Instruction 

6025.13, ‘‘Medical Quality Assurance 

(MQA) and Clinical Quality 

Management in the Military Health 

System (MHS)’’ (available at http://

www.dtic.mil/whs/directives/corres/pdf/

602513p.pdf) and DoD 6025.13–R, 

‘‘Military Health System (MHS) Clinical 

Quality Assurance (CQA) Program’’ 

(available at http://www.dtic.mil/whs/

directives/corres/pdf/602513r.pdf), for 

selecting and certifying FAP healthcare 

and social service personnel who 

provide clinical services to individuals 

and families. Such staff will be 

designated as healthcare providers who 

may receive restricted reports from 

victims of domestic abuse as set forth in 

DoD Instruction 6400.06. 

(5) Establish a process for an annual 

summary of installation accreditation/

inspection reviews of installation FAP. 

(6) Ensure that installation 

commanders or Service-equivalent 

senior commanders or their designees: 

(i) Appoint persons at the installation 

level to manage and implement the local 

FAPs, establish local FACs, and appoint 

the members of IDCs in accordance with 

DoD 6400.1–M and supporting guidance 

issued by the USD(P&R). 

(ii) Ensure that the installation FAP 

meets the standards in DoD 6400.1–M. 

(iii) Ensure that the installation FAP 

immediately reports allegations of a 

crime to the appropriate law 

enforcement authority. 

(7) Notify the DASD(MC&FP) of any 

cases of extra-familial child sexual 

abuse in a DoD-sanctioned activity 

within 72 hours in accordance with the 

procedures in § 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. FAP requires 

prevention, education, and training 

efforts to make all personnel aware of 

the scope of child abuse and domestic 

abuse problems and to facilitate 

cooperative efforts. The FAP will 

include: 

(1) Prevention. Efforts to prevent child 

abuse and domestic abuse, including 

public awareness, information and 

education about the problem in general, 

and the NPSP, in accordance with DoD 

Instruction 6400.05, specifically 

directed toward potential victims, 

offenders, non-offending family 

members, and mandated reporters of 

child abuse and neglect. 

(2) Direct Services. Identification, 

treatment, counseling, rehabilitation, 

follow-up, and other services, directed 

toward the victims, their families, 

perpetrators of abuse, and their families. 

These services will be supplemented 

locally by: 

(i) A multidisciplinary IDC 

established to assess incidents of alleged 

abuse and make incident status 

determinations. 

(ii) A clinical case staff meeting 

(CCSM) to make recommendations for 

treatment and case management. 

(3) Administration. All services, 

logistical support, and equipment 

necessary to ensure the effective and 

efficient operation of the FAP, 

including: 

(i) Developing local memorandums of 

understanding with civilian authorities 

for reporting cases, providing services, 

and defining responsibilities when 

responding to child abuse and domestic 

abuse. 

(ii) Use of personal service contracts 

to accomplish program goals. 

(iii) Preparation of reports, consisting 

of incidence data. 

(4) Evaluation. Needs assessments, 

program evaluation, research, and 

similar activities to support the FAP. 

(5) Training. All educational 

measures, services, supplies, or 

equipment used to prepare or maintain 

the skills of personnel working in the 

FAP. 

(b) Responding to FAP Incidents. The 

USD(P&R) or designee will establish 

procedures for: 

(1) Reporting and responding to 

suspected child abuse consistent with 

10 U.S.C. 1787 and 1794, 42 U.S.C. 

13031, and 28 CFR part 81. 

(2) Providing victim advocacy 

services to victims of domestic abuse 

consistent with DoD Instruction 6400.06 

and section 534(d)(2) of Public Law 

103–337, ‘‘National Defense 

Authorization Act for Fiscal Year 1995.’’ 

(3) Responding to restricted and 

unrestricted reports of domestic abuse 

consistent with DoD Instruction 6400.06 

and 10 U.S.C. 1058(b). 


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(4) Collection of FAP data into a 

central registry and analysis of such 

data in accordance with DoD 6400.1–M– 

1. 

(5) Coordinating a comprehensive 

DoD response, including the FACAT, to 

allegations of extra-familial child sexual 

abuse in a DoD-sanctioned activity in 

accordance with DoD Instruction 

6400.03 and 10 U.S.C. 1794. 

(c) Notification of Extra-Familial 

Child Sexual Abuse in DoD-Sanctioned 

Activities. The names of the victim(s) 

and alleged abuser(s) will not be 

included in the notification. 

Notification will include: 

(1) Name of the installation. 

(2) Type of child care setting. 

(3) Number of children alleged to be 

victims. 

(4) Estimated number of potential 

child victims. 

(5) Whether an installation response 

team is being convened to address the 

investigative, medical, and public affairs 

issues that may be encountered. 

(6) Whether a request for the 

DASD(MC&FP) to deploy a FACAT in 

accordance with DoD Instruction 

6400.03 is being considered. 

Subpart B—FAP Standards 

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

47, 42 U.S.C. 13031. 

§ 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. Defined in subpart A 

of this part. 

Case. One or more reported incidents 

of suspected child abuse or domestic 

abuse pertaining to the same victim. 

Clinical case staff meeting (CCSM). 

An installation FAP meeting of clinical 

service providers to assist the 

coordinated delivery of supportive 

services and clinical treatment in child 

abuse and domestic abuse cases, as 

appropriate. They provide: clinical 

consultation directed to ongoing safety 

planning for the victim; the planning 

and delivery of supportive services, and 

clinical treatment, as appropriate, for 

the victim; the planning and delivery of 

rehabilitative treatment for the alleged 

abuser; and case management, including 

risk assessment and ongoing safety 

monitoring. 

Child. Defined in subpart A of this 

part. 

Child abuse. The physical or sexual 

abuse, emotional abuse, or neglect of a 

child by a parent, guardian, foster 

parent, or by a caregiver, whether the 

caregiver is intrafamilial or 

extrafamilial, under circumstances 

indicating the child’s welfare is harmed 

or threatened. Such acts by a sibling, 

other family member, or other person 

shall be deemed to be child abuse only 

when the individual is providing care 

under express or implied agreement 

with the parent, guardian, or foster 

parent. 

Clinical case management. The FAP 

process of providing or coordinating the 

provision of clinical services, as 

appropriate, to the victim, alleged 

abuser, and family member in each FAP 

child abuse and domestic abuse 

incident from entry into until exit from 

the FAP system. It includes identifying 

risk factors; safety planning; conducting 

and monitoring clinical case 

assessments; presentation to the 

Incident Determination Committee 

(IDC); developing and implementing 

treatment plans and services; 

completion and maintenance of forms, 

reports, and records; communication 

and coordination with relevant agencies 

and professionals on the case; case 

review and advocacy; case counseling 

with the individual victim, alleged 

abuser, and family member, as 

appropriate; other direct services to the 

victim, alleged abuser, and family 

members, as appropriate; and case 

transfer or closing. 

Clinical intervention. A continuous 

risk management process that includes 

identifying risk factors, safety planning, 

initial clinical assessment, formulation 

of a clinical treatment plan, clinical 

treatment based on assessing readiness 

for and motivating behavioral change 

and life skills development, periodic 

assessment of behavior in the treatment 

setting, and monitoring behavior and 

periodic assessment of outside-oftreatment settings. 

Domestic abuse. Domestic violence or 

a pattern of behavior resulting in 

emotional/psychological abuse, 

economic control, and/or interference 

with personal liberty that is directed 

toward a person who is: 

(1) A current or former spouse. 

(2) A person with whom the abuser 

shares a child in common; or 

(3) A current or former intimate 

partner with whom the abuser shares or 

has shared a common domicile. 

Domestic violence. An offense under 

the United States Code, the Uniform 

Code of Military Justice (UCMJ), or State 

law involving the use, attempted use, or 

threatened use of force or violence 

against a person, or a violation of a 

lawful order issued for the protection of 

a person who is: 

(1) A current or former spouse. 

(2) A person with whom the abuser 

shares a child in common; or 

(3) A current or former intimate 

partner with whom the abuser shares or 

has shared a common domicile. 

Family Advocacy Committee (FAC). 

Defined in subpart A of this part. 

Family Advocacy Command 

Assistance Team (FACAT). Defined in 

subpart A of this part. 

Family Advocacy Program (FAP). 

Defined in subpart A of this part. 

High risk for violence. A level of risk 

describing families or individuals 

experiencing severe abuse or the 

potential for severe abuse, or offenders 

engaging in high risk behaviors such as 

making threats to cause grievous bodily 

harm, preventing victim access to 

communication devices, stalking, etc. 

Such cases require coordinated 

community safety planning that actively 

involves installation law enforcement, 

command, legal, and FAP. 

Home visitation. A strategy for 

delivering services to parents in their 

homes to improve child and family 

functioning. 

Home visitor. A person who provides 

FAP services to promote child and 

family functioning to parents in their 

homes. 

IDC. Defined in subpart A of this part. 

Installation. Any more or less 

permanent post, camp, station, base for 

the support or carrying on of military 

activities. 

Installation Family Advocacy 

Program Manager (FAPM). The 

individual at the installation level 

designated by the installation 

commander in accordance with Service 

FAP headquarters implementing 

guidance to manage the FAP, supervise 

FAP staff, and coordinate all FAP 

activities. If the Service FAP 

headquarters implementing guidance 

assigns the responsibilities of the local 


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FAPM between two individuals, the 

FAPM is the individual who has been 

assigned the responsibility for 

implementing the specific procedure. 

NPSP. A standardized secondary 

prevention program under the FAP that 

delivers intensive, voluntary, strengths 

based home visitation services designed 

specifically for expectant parents and 

parents of children from birth to 3 years 

of age to reduce the risk of child abuse 

and neglect. 

Non-DoD eligible extrafamilial 

caregiver. A caregiver who is not 

sponsored or sanctioned by the DoD. It 

includes nannies, temporary babysitters 

certified by the Red Cross, and 

temporary babysitters in the home, and 

other non-DoD eligible family members 

who provide care for or supervision of 

children. 

Non-medical counseling. Short term, 

non-therapeutic counseling that is not 

appropriate for individuals needing 

clinical therapy. Non-medical 

counseling is supportive in nature and 

addresses general conditions of living, 

life skills, improving relationships at 

home and at work, stress management, 

adjustment issues (such as those related 

to returning from a deployment), marital 

problems, parenting, and grief and loss. 

This definition is not intended to limit 

the authority of the Military 

Departments to grant privileges to 

clinical providers modifying this scope 

of care consistent with current Military 

Department policy. 

Out-of-home care. The responsibility 

of care for and/or supervision of a child 

in a setting outside the child’s home by 

an individual placed in a caretaker role 

sanctioned by a Military Service or 

Defense Agency or authorized by the 

Service or Defense Agency as a provider 

of care, such as care in a child 

development center, school, recreation 

program, or family child care. part. 

Primary managing authority (PMA). 

The installation FAP that has primary 

authority and responsibility for the 

management and incident status 

determination of reports of child abuse 

and unrestricted reports of domestic 

abuse. 

Restricted reporting. Defined in 

subpart A of this part. 

Risk management. The process of 

identifying risk factors associated with 

increased risk for child abuse or 

domestic abuse, and controlling those 

factors that can be controlled through 

collaborative partnerships with key 

military personnel and civilian 

agencies, including the active duty 

member’s commander, law enforcement 

personnel, child protective services, and 

victim advocates. It includes the 

development and implementation of an 

intervention plan when significant risk 

of lethality or serious injury is present 

to reduce the likelihood of future 

incidents and to increase the victim’s 

safety, continuous assessment of risk 

factors associated with the abuse, and 

prompt updating of the victim’s safety 

plan, as needed. 

Safety planning. A process whereby a 

victim advocate, working with a 

domestic abuse victim, creates a plan, 

tailored to that victim’s needs, concerns, 

and situation, that will help increase the 

victim’s safety and help the victim to 

prepare for, and potentially avoid, 

future violence. 

Service FAP headquarters. The office 

designated by the Secretary of the 

Military Department to develop and 

issue Service FAP implementing 

guidance in accordance with DoD 

policy, manage the Service-level FAP, 

and provide oversight for Service FAP 

functions. 

Unrestricted reporting. Defined in 

subpart A of this part. 

Victim. A child or current or former 

spouse or intimate partner who is the 

subject of an alleged incident of child 

maltreatment or domestic abuse because 

he/she was allegedly maltreated by the 

alleged abuser. 

Victim advocate. An employee of the 

Department of Defense, a civilian 

working under contract for the 

Department of Defense, or a civilian 

providing services by means of a formal 

memorandum of understanding between 

a military installation and a local victim 

advocacy service agency, whose role is 

to provide safety planning services and 

comprehensive assistance and liaison to 

and for victims of domestic abuse, and 

to educate personnel on the installation 

regarding the most effective responses to 

domestic abuse on behalf of victims and 

at-risk family members. The advocate 

may also be a volunteer military 

member, a volunteer civilian employee 

of the Military Department, or staff 

assigned as collateral duty. 

§ 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—(1) 

Quality Assurance (QA) to address child 

abuse and domestic abuse. The FAP PSs 

provide DoD and Service FAP 

headquarters QA guidelines for 

installation FAP-sponsored prevention 

and clinical intervention programs. 

Therefore, the PSs presented in this 

section and cross referenced in the 

Index of FAP Topics in the Appendix to 

§ 61.12 represent the minimal necessary 

elements for effectively dealing with 

child abuse and domestic abuse in 

installation programs in the military 

community. 

(2) Minimum requirements for 

oversight, management, logistical 

support, procedures, and personnel 

requirements. The PSs set forth 

minimum requirements for oversight, 

management, logistical support, 

procedures, and personnel requirements 

necessary to ensure all military 

personnel and their family members 

receive family advocacy services from 

the installation FAPs equal in quality to 

the best programs available to their 

civilian peers. 

(3) Measuring quality and 

effectiveness. The PSs provide a basis 


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for measuring the quality and 

effectiveness of each installation FAP 

and for systematically projecting fiscal 

and personnel resources needed to 

support worldwide DoD FAP efforts. 

(b) Installation response to child 

abuse and domestic abuse—(1) FAC—(i) 

PS 1: Establishment of the FAC. The 

installation commander must establish 

an installation FAC and appoint a FAC 

chairperson in accordance with subpart 

A of this part and Service FAP 

headquarters implementing policies and 

guidance to serve as the policy-making, 

coordinating, and advisory body to 

address child abuse and domestic abuse 

at the installation. 

(ii) PS 2: Coordinated community 

response and risk management plan. 

The FAC must develop and approve an 

annual plan for the coordinated 

community response and risk 

management of child abuse and 

domestic abuse, with specific objectives, 

strategies, and measurable outcomes. 

The plan is based on a review of: 

(A) The most recent installation needs 

assessment. 

(B) Research-supported protective 

factors that promote and sustain healthy 

family relationships. 

(C) Risk factors for child abuse and 

domestic abuse. 

(D) The most recent prevention 

strategy to include primary, secondary, 

and tertiary interventions. 

(E) Trends in the installation’s risk 

management approach to high risk for 

violence, child abuse, and domestic 

abuse. 

(F) The most recent accreditation 

review or DoD Component Inspector 

General inspection of the installation 

agencies represented on the FAC. 

(G) The evaluation of the installation’s 

coordinated community response to 

child abuse and domestic abuse. 

(iii) PS 3: Monitoring coordinated 

community response and risk 

management plan. The FAC monitors 

the implementation of the coordinated 

community response and risk 

management plan. Such monitoring 

includes a review of: 

(A) The development, signing, and 

implementation of formal 

memorandums of understanding 

(MOUs) among military activities and 

between military activities and civilian 

authorities and agencies to address 

child abuse and domestic abuse. 

(B) Steps taken to address problems 

identified in the most recent 

accreditation review of the FAP and 

evaluation of the installation’s 

coordinated community response and 

risk management approach. 

(C) FAP recommended criteria to 

identify populations at higher risk to 

commit or experience child abuse and 

domestic abuse, the special needs of 

such populations, and appropriate 

actions to address those needs. 

(D) Effectiveness of the installation 

coordinated community response and 

risk management approach in 

responding to high risk for violence, 

child abuse, and domestic abuse 

incidents. 

(E) Implementation of the installation 

prevention strategy to include primary, 

secondary, and tertiary interventions. 

(F) The annual report of fatality 

reviews that Service FAP headquarters 

fatality review teams conduct. The FAC 

should also review the Service FAP 

headquarters’ recommended changes for 

the coordinated community response 

and risk management approach. The 

coordinated community response will 

focus on strengthening protective factors 

that promote and sustain healthy family 

relationships and reduce the risk factors 

for future child abuse and domestic 

abuse-related fatalities. 

(2) Coordinated Community 

Response—(i) PS 4: Roles, functions, 

and responsibilities. The FAC must 

ensure that all installation agencies 

involved with the coordinated 

community response to child abuse and 

domestic abuse comply with the defined 

roles, functions, and responsibilities in 

DoD Instruction 6400.06 and the Service 

FAP headquarters implementing 

policies and guidance. 

(ii) PS 5: MOUs. The FAC must verify 

that: 

(A) Formal MOUs are established as 

appropriate with counterparts in the 

local civilian community to improve 

coordination on: Child abuse and 

domestic abuse investigations; 

emergency removal of children from 

homes; fatalities; arrests; prosecutions; 

and orders of protection involving 

military personnel. 

(B) Installation agencies established 

MOUs setting forth the respective roles 

and functions of the installation and the 

appropriate federal, State, local, or 

foreign agencies or organizations (in 

accordance with status-of-forces 

agreements (SOFAs)) that provide: 

(1) Child welfare services, including 

foster care, to ensure ongoing and active 

collaborative case management between 

the respective courts, child protective 

services, foster care agencies, and FAP. 

(2) Medical examination and 

treatment. 

(3) Mental health examination and 

treatment. 

(4) Domestic abuse victim advocacy. 

(5) Related social services, including 

State home visitation programs when 

appropriate. 

(6) Safety shelter. 

(iii) PS 6: Collaboration between 

military installations. The installation 

commander must require that 

installation agencies have collaborated 

with counterpart agencies on military 

installations in geographical proximity 

and on joint bases to ensure 

coordination and collaboration in 

providing child abuse and domestic 

abuse services to military families. 

Collaboration includes developing 

MOUs, as appropriate. 

(iv) PS 7: Domestic abuse victim 

advocacy services. The installation FAC 

must establish 24 hour access to 

domestic abuse victim advocacy 

services through personal or telephone 

contact in accordance with DoD 

Instruction 6400.06 and Service FAP 

headquarters implementing policy and 

guidance for restricted reports of 

domestic abuse and the domestic abuse 

victim advocate services. 

(v) PS 8: Domestic abuse victim 

advocate personnel requirements. The 

installation commander must require 

that qualified personnel provide 

domestic abuse victim advocacy 

services in accordance with DoD 

Instruction 6400.06 and Service FAP 

headquarters implementing policy and 

guidance. 

(A) Such personnel may include 

federal employees, civilians working 

under contract for the DoD, civilians 

providing services through a formal 

MOU between the installation and a 

local civilian victim advocacy service 

agency, volunteers, or a combination of 

such personnel. 

(B) All domestic abuse victim 

advocates are supervised in accordance 

with Service FAP headquarters policies. 

(vi) PS 9: 24-hour emergency response 

plan. An installation 24-hour emergency 

response plan to child abuse and 

domestic abuse incidents must be 

established in accordance with DoD 

Instruction 6400.06 and the Service FAP 

headquarters implementing policies and 

guidance. 

(vii) PS 10: FAP Communication with 

military law enforcement. The FAP and 

military law enforcement reciprocally 

provide to one another: 

(A) Within 24 hours, FAP will 

communicate all reports of child abuse 

involving military personnel or their 

family members to the appropriate 

civilian child protective services agency 

or law enforcement agency in 

accordance with subpart A of this part, 

42 U.S.C. 13031, and 28 CFR 81.2. 

(B) Within 24 hours, FAP will 

communicate all unrestricted reports of 

domestic abuse involving military 

personnel and their current or former 

spouses or their current or former 

intimate partners to the appropriate 


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civilian law enforcement agency in 

accordance with subpart A of this part, 

42 U.S.C. 13031, and 28 CFR 81.2. 

(viii) PS 11: Protection of children. 

The installation FAC in accordance with 

Service FAP headquarters implementing 

policies and guidance must set forth the 

procedures and criteria for: 

(A) The safety of child victim(s) of 

abuse or other children in the 

household when they are in danger of 

continued abuse or life-threatening 

child neglect. 

(B) Safe transit of such child(ren) to 

appropriate care. When the installation 

is located outside the continental 

United States, this includes procedures 

for transit to a location of appropriate 

care within the United States. 

(C) Ongoing collaborative case 

management between FAP, relevant 

courts, and child welfare agencies when 

military children are placed in civilian 

foster care. 

(D) Notification of the affected Service 

member’s command when a dependent 

child has been taken into custody or 

foster care by local or State courts, or 

child welfare or protection agencies. 

(3) Risk Management—(i) PS 12: PMA. 

When an installation FAP receives a 

report of a case of child abuse or 

domestic abuse in which the victim is 

at a different location than the abuser, 

PMA for the case must be: 

(A) In child abuse cases: 

(1) The sponsor’s installation when 

the alleged abuser is the sponsor; a nonsponsor DoD-eligible family member; or 

a non-sponsor, status unknown. 

(2) The alleged abuser’s installation 

when the alleged abuser is a nonsponsor active duty Service member; a 

non-sponsor, DoD-eligible extrafamilial 

caregiver; or a DoD-sponsored out-ofhome care provider. 

(3) The victim’s installation when the 

alleged abuser is a non-DoD-eligible 

extrafamilial caregiver. 

(B) In domestic abuse cases: 

(1) The alleged abuser’s installation 

when both the alleged abuser and the 

victim are active duty Service members. 

(2) The alleged abuser’s installation 

when the alleged abuser is the only 

sponsor. 

(3) The victim’s installation when the 

victim is the only sponsor. 

(4) The installation FAP who received 

the initial referral when both parties are 

alleged abusers in bi-directional 

domestic abuse involving dual military 

spouses or intimate partners. 

(ii) PS 13: Risk management 

approach—(A) All installation agencies 

involved with the installation’s 

coordinated community risk 

management approach to child abuse 

and domestic abuse must comply with 

their defined roles, functions, and 

responsibilities in accordance with 42 

U.S.C. 13031 and 28 CFR 81.2 and 

Service FAP headquarters implementing 

policies and guidance. 

(B) When victim(s) and abuser(s) are 

assigned to different servicing FAPs or 

are from different Services, the PMA is 

assigned according to PS 12 (paragraph 

(b)(3)(i) of this section), and both 

serving FAP offices and Services are 

kept informed of the status of the case, 

regardless of who has PMA. 

(iii) PS 14: Risk assessments. FAP 

conducts risk assessments of alleged 

abusers, victims, and other family 

members to assess the risk of re-abuse, 

and communicate any increased levels 

of risk to appropriate agencies for 

action, as appropriate. Risk assessments 

are conducted: 

(A) At least quarterly on all open FAP 

cases. 

(B) Monthly on FAP cases assessed as 

high risk and those involving court 

involved children placed in out-of-home 

care, child sexual abuse, and chronic 

child neglect. 

(C) Within 30 days of any change 

since the last risk assessment that 

presents increased risk to the victim or 

warrants additional safety planning. 

(iv) PS 15: Disclosure of information 

in risk assessments. Protected 

information collected during FAP 

referrals, intake, and risk assessments is 

only disclosed in accordance with DoD 

6025.18–R, ‘‘DoD Health Information 

Privacy Regulation’’ (available at http:// 

www.dtic.mil/whs/directives/corres/pdf/

602518r.pdf) when applicable, 32 CFR 

part 310, and the Service FAP 

headquarters implementing policies and 

guidance. 

(v) PS 16: Risk management and 

deployment. Procedures are established 

to manage child abuse and domestic 

abuse incidents that occur during the 

deployment cycle of a Service member, 

in accordance with subpart A of this 

part and DoD Instruction 6400.06, and 

Service FAP headquarters implementing 

policies and guidance, so that when an 

alleged abuser Service member in an 

active child abuse or domestic abuse 

case is deployed: 

(A) The forward command notifies the 

home station command when the 

deployed Service member will return to 

the home station command. 

(B) The home station command 

implements procedures to reduce the 

risk of subsequent child abuse and 

domestic abuse during the reintegration 

of the Service member into the FAP case 

management process. 

(4) IDC—(i) PS 17: IDC established. 

An installation IDC must be established 

to review reports of child abuse and 

unrestricted reports of domestic abuse. 

(ii) PS 18: IDC operations. The IDC 

reviews reports of child abuse and 

unrestricted reports of domestic abuse 

to determine whether the reports meet 

the criteria for entry into the Service 

FAP headquarters central registry of 

child abuse and domestic abuse 

incidents in accordance with subpart A 

of this part and Service FAP 

headquarters implementing policies and 

guidance. 

(iii) PS 19: Responsibility for training 

FAC and IDC members. All FAC and 

IDC members must receive: 

(A) Training on their roles and 

responsibilities before assuming their 

positions on their respective teams. 

(B) Periodic information and training 

on DoD policies and Service FAP 

headquarters policies and guidance. 

(iv) PS 20: IDC QA. An IDC QA 

process must be established for 

monitoring and QA review of IDC 

decisions in accordance with Service 

FAP headquarters implementing policy 

and guidance. 

(c) Organization and management of 

the FAP—(1) General organization of 

the FAP—(i) PS 21: Establishment of the 

FAP. The installation commander must 

establish a FAP to address child abuse 

and domestic abuse in accordance with 

DoD policy and Service FAP 

headquarters implementing policies and 

guidance. 

(ii) PS 22: Operations policy. The 

installation FAC must ensure 

coordination among the following key 

agencies interacting with the FAP in 

accordance with subpart A of this part 

and Service FAP headquarters 

implementing policies and guidance: 

(A) Family center(s). 

(B) Substance abuse program(s). 

(C) Sexual assault and prevention 

response programs. 

(D) Child and youth program(s). 

(E) Program(s) that serve families with 

special needs. 

(F) Medical treatment facility, 

including: 

(1) Mental health and behavioral 

health personnel. 

(2) Social services personnel. 

(3) Dental personnel. 

(G) Law enforcement. 

(H) Criminal investigative 

organization detachment. 

(I) Staff judge advocate or servicing 

legal office. 

(J) Chaplain(s). 

(K) Department of Defense Education 

Activity (DoDEA) school personnel. 

(L) Military housing personnel. 

(M) Transportation office personnel. 

(iii) PS 23: Appointment of an 

installation FAPM. The installation 


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commander must appoint in writing an 

installation FAPM to implement and 

manage the FAP. The FAPM must direct 

the development, oversight, 

coordination, administration, and 

evaluation of the installation FAP in 

accordance with subpart A of this part 

and Service FAP headquarters 

implementing policy and guidance. 

(iv) PS 24: Funding. Funds received 

for child abuse and domestic abuse 

prevention and treatment activities must 

be programmed and allocated in 

accordance with the DoD and Service 

FAP headquarters implementing 

policies and guidance, and the plan 

developed under PS 3, described in 

paragraph (b)(1)(ii) of this section. 

(A) Funds that OSD provides for the 

FAP must be used in direct support of 

the prevention and intervention for 

domestic abuse and child maltreatment; 

including management, staffing, 

domestic abuse victim advocate 

services, public awareness, prevention, 

training, intensive risk-focused 

secondary prevention services, 

intervention, record keeping, and 

evaluation as set forth in this subpart. 

(B) Funds that OSD provides for the 

NPSP must be used only for secondary 

prevention activities to support the 

screening, assessment, and provision of 

home visitation services to prevent 

child abuse and neglect in vulnerable 

families in accordance with DoD 

Instruction 6400.05. 

(v) PS 25: Other resources. FAP 

services must be housed and equipped 

in a manner suitable to the delivery of 

services, including but not limited to: 

(A) Adequate telephones. 

(B) Office automation equipment. 

(C) Handicap accessible. 

(D) Access to emergency transport. 

(E) Private offices and rooms available 

for interviewing and counseling victims, 

alleged abusers, and other family 

members in a safe and confidential 

setting. 

(F) Appropriate equipment for 24/7 

accessibility. 

(2) FAP personnel—(i) PS 26: 

Personnel requirements. The installation 

commander is responsible for ensuring 

there are a sufficient number of 

qualified FAP personnel in accordance 

with subpart A of this part, DoD 

Instruction 6400.06, and DoD 

Instruction 6400.05, and Service FAP 

headquarters implementing policy and 

guidance. FAP personnel may consist of 

military personnel on active duty, 

employees of the federal civil service, 

contractors, volunteers, or a 

combination of such personnel. 

(ii) PS 27: Criminal history record 

check. All FAP personnel whose duties 

involve services to children require a 

criminal history record check in 

accordance with DoD Instruction 

1402.5, ‘‘Criminal History Background 

Checks on Individuals in Child Care 

Services’’ (available at http://

www.dtic.mil/whs/directives/corres/pdf/

140205p.pdf). 

(iii) PS 28: Clinical staff 

qualifications. All FAP personnel who 

conduct clinical assessment of or 

provide clinical treatment to victims of 

child abuse or domestic abuse, alleged 

abusers, or their family members must 

have all of the following minimum 

qualifications: 

(A) A Master in Social Work, Master 

of Science, Master of Arts, or doctorallevel degree in human service or mental 

health from an accredited university or 

college. 

(B) The highest licensure in a State or 

clinical licensure in good standing in a 

State that authorizes independent 

clinical practice. 

(C) Two years of experience working 

in the field of child abuse and domestic 

abuse. 

(D) Clinical privileges or credentialing 

in accordance with Service FAP 

headquarters policies. 

(iv) PS 29: Prevention and Education 

Staff Qualifications. All FAP personnel 

who provide prevention and education 

services must have the following 

minimum qualifications: 

(A) A Bachelor’s degree from an 

accredited university or college in any 

of the following disciplines: 

(1) Social work. 

(2) Psychology. 

(3) Marriage, family, and child 

counseling. 

(4) Counseling or behavioral science. 

(5) Nursing. 

(6) Education. 

(7) Community health or public 

health. 

(B) Two years of experience in a 

family and children’s services public 

agency or family and children’s services 

community organization, 1 year of 

which is in prevention, intervention, or 

treatment of child abuse and domestic 

abuse. 

(C) Supervision by a qualified staff 

person in accordance with the Service 

FAP headquarters policies. 

(v) PS 30: Victim advocate staff 

qualifications. All FAP personnel who 

provide victim advocacy services must 

have these minimum qualifications: 

(A) A Bachelor’s degree from an 

accredited university or college in any 

of the following disciplines: 

(1) Social work. 

(2) Psychology. 

(3) Marriage, family, and child 

counseling. 

(4) Counseling or behavioral science. 

(5) Criminal justice. 

(B) Two years of experience in 

assisting and providing advocacy 

services to victims of domestic abuse or 

sexual assault. 

(C) Supervision by a Master’s level 

social worker. 

(vi) PS 31: NPSP staff qualifications. 

All FAP personnel who provide services 

in the NPSP must have qualifications in 

accordance with DoD Instruction 

6400.05. 

(3) Safety and home visits—(i) PS 32: 

Internal and external duress system 

established. The installation FAPM 

must establish a system to identify and 

manage potentially violent clients and 

to promote the safety and reduce the 

risk of harm to staff working with 

clients and to others inside the office 

and when conducting official business 

outside the office. 

(ii) PS 33: Protection of home visitors. 

The installation FAPM must: 

(A) Issue written FAP procedures to 

ensure minimal risk and maximize 

personal safety when FAP or NPSP staff 

perform home visits. 

(B) Require that all FAP and NPSP 

personnel who conduct home visits are 

trained in FAP procedures to ensure 

minimal risk and maximize personal 

safety before conducting a home visit. 

(iii) PS 34: Home visitors’ reporting of 

known or suspected child abuse and 

domestic abuse. All FAP and NPSP 

personnel who conduct home visits are 

to report all known or suspected child 

abuse in accordance with subpart A of 

this part and 42 U.S.C. 13031, and 

domestic abuse in accordance with DoD 

Instruction 6400.06 and the Service FAP 

headquarters implementing policy and 

guidance. 

(4) Management information system— 

(i) PS 35: Management information 

system policy. The installation FAPM 

must establish procedures for the 

collection, use, analysis, reporting, and 

distributing of FAP information in 

accordance with subpart A of this part, 

DoD 6025.18–R, 32 CFR part 310, DoD 

6400.1–M–1 and Service FAP 

headquarters implementing policy. 

These procedures ensure: 

(A) Accurate and comparable 

statistics needed for planning, 

implementing, assessing, and evaluating 

the installation coordinated community 

response to child abuse and domestic 

abuse. 

(B) Identifying unmet needs or gaps in 

services. 

(C) Determining installation FAP 

resource needs and budget. 

(D) Developing installation FAP 

guidance. 

(E) Administering the installation 

FAP. 


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(F) Evaluating installation FAP 

activities. 

(ii) PS 36: Reporting of statistics. The 

FAP reports statistics annually to the 

Service FAP headquarters in accordance 

with subpart A of this part and the 

Service FAP headquarters implementing 

policies and guidance, including the 

accurate and timely reporting of: 

(A) FAP metrics—(1) The number of 

new commanders at the installation 

whom the Service FAP headquarters 

determined must receive the FAP 

briefing, and the number of new 

commanders who received the FAP 

briefing within 90 days of taking 

command. 

(2) The number of senior 

noncommissioned officers (NCOs) in 

pay grades E–7 and higher whom the 

Service FAP headquarters determined 

must receive the FAP briefing annually, 

and the number of senior NCOs who 

received the FAP briefing within the 

year. 

(B) NPSP metric—(1) The number of 

high risk families who began receiving 

NPSP intensive services (two contacts 

per month) for at least 6 months in the 

previous fiscal year. 

(2) The number of these families with 

no reports of child maltreatment 

incidents that met criteria for abuse for 

entry into the central registry (formerly, 

‘‘substantiated reports’’) within 12 

months after their NPSP services ended, 

in accordance with DoD Instruction 

6400.05. 

(C) Domestic abuse treatment 

metric—(1) The number of allegedly 

abusive spouses in incidents that met 

FAP criteria for domestic abuse who 

began receiving and successfully 

completed FAP clinical treatment 

services during the previous fiscal year. 

(2) The number of these spouses who 

were not reported as allegedly abusive 

in any domestic abuse incidents that 

met FAP criteria within 12 months after 

FAP clinical services ended. 

(D) Domestic abuse victim advocacy 

metrics. The number of domestic abuse 

victims: 

(1) Who receive domestic abuse 

victim advocacy services, and of those, 

the respective totals of domestic abuse 

victims who receive such services from 

domestic abuse victim advocates or 

from FAP clinical staff. 

(2) Who initially make restricted 

reports to domestic abuse victim 

advocates and the total of domestic 

abuse victims who initially make 

restricted reports to FAP clinical staff, 

and of each of those, the total of 

domestic abuse victims who report 

being sexually assaulted. 

(3) Whose initially restricted reports 

to domestic abuse victim advocates 

became unrestricted reports, and the 

total of domestic abuse victims whose 

initially restricted reports to FAP 

clinical staff became unrestricted 

reports. 

(4) Initially making unrestricted 

reports to domestic abuse victim 

advocates and making unrestricted 

reports to FAP clinical staff and, of each 

of those, the total of domestic abuse 

victims who report being sexually 

assaulted. 

(d) Public awareness, prevention, 

NPSP, and training—(1) Public 

awareness activities—(i) PS 37: 

Implementation of public awareness 

activities in the coordinated community 

response and risk management plan. 

The FAP public awareness activities 

highlight community strengths; promote 

FAP core concepts and messages; 

advertise specific services; use 

appropriate available techniques to 

reach out to the military community, 

especially to military families who 

reside outside of the military 

installation; and are customized to the 

local population and its needs. 

(ii) PS 38: Collaboration to increase 

public awareness of child abuse and 

domestic abuse. The FAP partners and 

collaborates with other military and 

civilian organizations to conduct public 

awareness activities. 

(iii) PS 39: Components of public 

awareness activities. The installation 

public awareness activities promote 

community awareness of: 

(A) Protective factors that promote 

and sustain healthy parent/child 

relationships. 

(1) The importance of nurturing and 

attachment in the development of young 

children. 

(2) Infant, childhood, and teen 

development. 

(3) Programs, strategies, and 

opportunities to build parental 

resilience. 

(4) Opportunities for social 

connections and mutual support. 

(5) Programs and strategies to 

facilitate children’s social and 

emotional development. 

(6) Information about access to 

community resources in times of need. 

(B) The dynamics of risk factors for 

different types of child abuse and 

domestic abuse, including information 

for teenage family members on teen 

dating violence. 

(C) Developmentally appropriate 

supervision of children. 

(D) Creating safe sleep environments 

for infants. 

(E) How incidents of suspected child 

abuse should be reported in accordance 

with subpart A of this part, 42 U.S.C. 

13031, 28 CFR 81.2, and DoD 

Instruction 6400.03, ‘‘Family Advocacy 

Command Assistance Team’’ (available 

at http://www.dtic.mil/whs/directives/

corres/pdf/640003p.pdf) and the Service 

FAP headquarters implementing policy 

and guidance. 

(F) The availability of domestic abuse 

victim advocates. 

(G) Hotlines and crisis lines that 

provide 24/7 support to families in 

crisis. 

(H) How victims of domestic abuse 

may make restricted reports of incidents 

of domestic abuse in accordance with 

DoD Instruction 6400.06. 

(I) The availability of FAP clinical 

assessment and treatment. 

(J) The availability of NPSP home 

visitation services. 

(K) The availability of transitional 

compensation for victims of child abuse 

and domestic abuse in accordance with 

DoD Instruction 1342.24, ‘‘Transitional 

Compensation for Abused Dependents’’ 

(available at http://www.dtic.mil/whs/

directives/corres/pdf/134224p.pdf) and 

Service FAP headquarters implementing 

policy and guidance. 

(2) Prevention activities—(i) PS 40: 

Implementation of prevention activities 

in the coordinated community response 

and risk management plan. The FAP 

implements coordinated child abuse 

and domestic abuse primary and 

secondary prevention activities 

identified in the annual plan. 

(ii) PS 41: Collaboration for 

prevention of child abuse and domestic 

abuse. The FAP collaborates with other 

military and civilian organizations to 

implement primary and secondary child 

abuse and domestic abuse prevention 

programs and services that are available 

on a voluntary basis to all persons 

eligible for services in a military 

medical treatment facility. 

(iii) PS 42: Primary prevention 

activities. Primary prevention activities 

include, but are not limited to: 

(A) Information, classes, and nonmedical 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 


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and emotional development, promote 

safe, stable, and nurturing relationships, 

and encourage parental involvement. 

(iv) PS 43: Identification of 

populations for secondary prevention 

activities. The FAP identifies 

populations at higher risk for child 

abuse or domestic abuse from a review 

of: 

(A) Relevant research findings. 

(B) One or more relevant needs 

assessments in the locality. 

(C) Data from unit deployments and 

returns from deployment. 

(D) Data of expectant parents and 

parents of children 3 years of age or 

younger. 

(E) Lessons learned from Service FAP 

headquarters and local fatality reviews. 

(F) Feedback from the FAC, the IDC, 

and the command. 

(v) PS 44: Secondary prevention 

activities. The FAP implements 

secondary prevention activities that are 

results-oriented and evidencesupported, stress the positive benefits of 

seeking help, promote available 

resources to build and sustain protective 

factors for healthy family relationships, 

and reduce risk factors for child abuse 

or domestic abuse. Such activities 

include, but are not limited to: 

(A) Educational classes and 

counseling to assist Service members 

and their family members with troubled 

interpersonal relationships and 

marriages in improving their 

interpersonal relationships and 

marriages. 

(B) The NPSP, in accordance with 

DoD Instruction 6400.05 and Service 

FAP headquarters implementing policy 

and guidance. 

(C) Educational classes and 

counseling to help improve the 

parenting skills of Service members and 

their family members who experience 

parenting problems. 

(D) Health care screening for domestic 

abuse. 

(E) Referrals to essential services, 

supports, and resources when needed. 

(3) NPSP—(i) PS 45: Referrals to 

NPSP. The installation FAPM ensures 

that expectant parents and parents with 

children ages 0–3 years may self-refer to 

the NPSP or be encouraged to 

participate by a health care provider, the 

commander of an active duty Service 

member who is a parent or expectant 

parent, staff of a family support 

program, or community professionals. 

(ii) PS 46: Informed Consent for 

NPSP. The FAPM ensures that parents 

who ask to participate in the NPSP are 

provided informed consent in 

accordance with subpart A of this part 

and DoD Instruction 6400.05 and 

Service FAP headquarters implementing 

policy and guidance to be: 

(A) Voluntarily screened for factors 

that may place them at risk for child 

abuse and domestic abuse. 

(B) Further assessed using 

standardized and more in-depth 

measurements if the screening indicates 

potential for risk. 

(C) Receive home visits and 

additional NPSP services as appropriate. 

(D) Assessed for risk on a continuing 

basis. 

(iii) PS 47: Eligibility for NPSP. 

Pending funding and staffing 

capabilities, the installation FAPM 

ensures that qualified NPSP personnel 

offer intensive home visiting services on 

a voluntary basis to expectant parents 

and parents with children ages 0–3 

years who: 

(A) Are eligible to receive services in 

a military medical treatment facility. 

(B) Have been assessed by NPSP staff 

as: 

(1) At-risk for child abuse or domestic 

abuse. 

(2) Displaying some indicators of high 

risk for child abuse or domestic abuse, 

but whose overall assessment does not 

place them in the at-risk category. 

(3) Having been reported to FAP for 

an incident of abuse of a child age 0– 

3 years in their care who have 

previously received NPSP services. 

(iv) PS 48: Review of NPSP screening. 

Results of NPSP screening are reviewed 

within 3 business days of completion. If 

the screening indicates potential for 

risk, parents are invited to participate in 

further assessment by a NPSP home 

visitor using standardized and more indepth measurements. 

(v) PS 49: NPSP services. The NPSP 

offers expectant parents and parents 

with children ages 0–3, who are eligible 

for the NPSP, access to intensive home 

visiting services that: 

(A) Are sensitive to cultural attitudes 

and practices, to include the need for 

interpreter or translation services. 

(B) Are based on a comprehensive 

assessment of research-based protective 

and risk factors. 

(C) Emphasize developmentally 

appropriate parenting skills that build 

on the strengths of the parent(s). 

(D) Support the dual roles of the 

parent(s) as Service member(s) and 

parent(s). 

(E) Promote the involvement of both 

parents when applicable. 

(F) Decrease any negative effects of 

deployment and other military 

operations on parenting. 

(G) Provide education to parent(s) on 

how to adapt to parenthood, children’s 

developmental milestones, ageappropriate expectations for their 

child’s development, parent-child 

communication skills, parenting skills, 

and effective discipline techniques. 

(H) Empower parents to seek support 

and take steps to build proactive coping 

strategies in all domains of family life. 

(I) Provide referral to additional 

community resources to meet identified 

needs. 

(vi) PS 50: NPSP protocol. The 

installation FAPM ensures that NPSP 

personnel implement the Service FAP 

headquarters protocol for NPSP 

services, including the NPSP 

intervention plan with clearly 

measurable goals, based on needs 

identified by the standard screening 

instrument, assessment tools, the NPSP 

staff member’s clinical assessment, and 

active input from the family. 

(vii) PS 51: Frequency of NPSP home 

visits. NPSP personnel exercise 

professional judgment in determining 

the frequency of home visits based on 

the assessment of the family, but make 

a minimum of two home visits to each 

family per month. If at least two home 

visits are not provided to a high risk 

family enrolled in the program, NPSP 

personnel will document what 

circumstance(s) occurred to preclude 

twice monthly home visits and what 

services/contacts were provided instead. 

(viii) PS 52: Continuing NPSP risk 

assessment. The installation FAPM 

ensures that NPSP personnel assess risk 

and protective factors impacting parents 

receiving NPSP home visitation services 

on an ongoing basis to continuously 

monitor progress toward intervention 

goals. 

(ix) PS 53: Opening, transferring, or 

closing NPSP cases. The installation 

FAPM ensures that NPSP cases are 

opened, transferred, or closed in 

accordance with Service FAP 

headquarters policy and guidance. 

(x) PS 54: Disclosure of information in 

NPSP cases. Information gathered 

during NPSP screening, clinical 

assessments, and in the provision of 

supportive services or treatment that is 

protected from disclosure under 5 

U.S.C. 552a, DoD 6025.18–R, and 32 

CFR part 310 is only disclosed in 

accordance with 5 U.S.C. 552a, DoD 

6025.18–R, 32 CFR part 310, and the 

Service FAP headquarters implementing 

policies and guidance. 

(4) Training—(i) PS 55: 

Implementation of training 

requirements. The FAP implements 

coordinated training activities for 

commanders, senior enlisted advisors, 

Service members, and their family 

members, DoD civilians, and 

contractors. 

(ii) PS 56: Training for commanders 

and senior enlisted advisors. The 


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installation commander or senior 

mission commander must require that 

qualified FAP trainers defined in 

accordance with Service FAP 

headquarters implementing policy and 

guidance provide training on the 

prevention of and response to child 

abuse and domestic abuse to: 

(A) Commanders within 90 days of 

assuming command. 

(B) Annually to NCOs who are senior 

enlisted advisors. 

(iii) PS 57: Training for other 

installation personnel. Qualified FAP 

trainers as defined in accordance with 

Service FAP headquarters implementing 

policy and guidance conduct training 

(or help provide subject matter experts 

who conduct training) on child abuse 

and domestic abuse in the military 

community to installation: 

(A) Law enforcement and 

investigative personnel. 

(B) Health care personnel. 

(C) Sexual assault prevention and 

response personnel. 

(D) Chaplains. 

(E) Personnel in DoDEA schools. 

(F) Personnel in child development 

centers. 

(G) Family home care providers. 

(H) Personnel and volunteers in youth 

programs. 

(I) Family center personnel. 

(J) Service members. 

(iv) PS 58: Content of training. FAP 

training for personnel, as required by PS 

56 and PS 57, located at paragraphs 

(d)(4)(ii) and (d)(4)(iii) of this section, 

includes: 

(A) Research-supported protective 

factors that promote and sustain healthy 

family relationships. 

(B) Risk factors for and the dynamics 

of child abuse and domestic abuse. 

(C) Requirements and procedures for 

reporting child abuse in accordance 

with subpart A of this part, 42 U.S.C. 

13031, 28 CFR 81.2, and DoD 

Instruction 6400.03. 

(D) The availability of domestic abuse 

victim advocates and response to 

restricted and unrestricted reports of 

incidents of domestic abuse in 

accordance with DoD Instruction 

6400.06. 

(E) The dynamics of domestic abuse, 

reporting options, safety planning, and 

response unique to the military culture 

that establishes and supports 

competence in performing core victim 

advocacy duties. 

(F) Roles and responsibilities of the 

FAP and the command under the 

installation’s coordinated community 

response to a report of a child abuse, 

including the response to a report of 

child sexual abuse in a DoD sanctioned 

child or youth activity in accordance 

with subpart A of this part and DoD 

6400.1–M–1, or domestic abuse 

incident, and actions that may be taken 

to protect the victim in accordance with 

subpart A of this part and DoD 

Instruction 6400.06. 

(G) Available resources on and off the 

installation that promote protective 

factors and support families at risk 

before abuse occurs. 

(H) Procedures for the management of 

child abuse and domestic abuse 

incidents that happen before a Service 

member is deployed, as set forth in PS 

16, located at paragraph (b)(3)(v) of this 

section. 

(I) The availability of transitional 

compensation for victims of child abuse 

and domestic abuse in accordance with 

5 U.S.C. 552a and DoD Instruction 

6400.03, and Service FAP headquarters 

implementing policy and guidance. 

(v) PS 59: Additional FAP training for 

NPSP personnel. The installation FAPM 

ensures that all personnel offering NPSP 

services are trained in the content 

specified in PS 58, located at paragraph 

(d)(4)(iv) of this section, and in DoD 

Instruction 6400.05. 

(e) FAP Response to incidents of child 

abuse or domestic abuse—(1) Reports of 

child abuse—(i) PS 60: Responsibilities 

in responding to reports of child abuse. 

The installation commander in 

accordance with subpart A of this part 

and Service FAP headquarters 

implementing policy and guidance must 

issue local policy that specifies the 

installation procedures for responding 

to reports of: 

(A) Suspected incidents of child 

abuse in accordance with subpart A of 

this part, 42 U.S.C. 13031, 28 CFR 81.2, 

and Service FAP headquarters 

implementing policies and guidance, 

federal and State laws, and applicable 

SOFAs. 

(B) Suspected incidents of child abuse 

involving students, ages 3–18, enrolled 

in a DoDEA school or any children 

participating in DoD-sanctioned child or 

youth activities or programs. 

(C) Suspected incidents of the sexual 

abuse of a child in DoD-sanctioned 

child or youth activities or programs 

that must be reported to the 

DASD(MC&FP) in accordance with DoD 

Instruction 6400.03 and Service FAP 

headquarters implementing policies and 

guidance. 

(D) Suspected incidents involving 

fatalities or serious injury involving 

child abuse that must be reported to 

OSD FAP in accordance with subpart A 

of this part and Service FAP 

headquarters implementing policies and 

guidance. 

(ii) PS 61: Responsibilities during 

emergency removal of a child from the 

home. (A) In responding to reports of 

child abuse, the FAP complies with 

subpart A of this part and Service FAP 

headquarters implementing policy and 

guidance and installation policies, 

procedures, and criteria set forth under 

PS 11, located at paragraph (b)(2)(vii) of 

this section, during emergency removal 

of a child from the home. 

(B) The FAP provides ongoing and 

direct case management and 

coordination of care of children placed 

in foster care in collaboration with the 

child welfare and foster care agency, 

and will not close the FAP case until a 

permanency plan for all involved 

children is in place. 

(iii) PS 62: Coordination with other 

authorities to protect children. The FAP 

coordinates with military and local 

civilian law enforcement agencies, 

military investigative agencies, and 

civilian child protective agencies in 

response to reports of child abuse 

incidents in accordance with subpart A 

of this part, 42 U.S.C. 13031, 28 CFR 

81.2, and DoD 6400.1–M–1 and 

appropriate MOUs under PS 5, located 

at paragraph (b)(2)(i) of this section. 

(iv) PS 63: Responsibilities in 

responding to reports of child abuse 

involving infants and toddlers from 

birth to age 3. Services and support are 

delivered in a developmentally 

appropriate manner to infants and 

toddlers, and their families who come to 

the attention of FAP to ensure decisions 

and services meet the social and 

emotional needs of this vulnerable 

population. 

(A) FAP makes a direct referral to the 

servicing early intervention agency, 

such as the Educational and 

Developmental Intervention Services 

(EDIS) where available, for infants and 

toddlers from birth to 3 years of age who 

are involved in an incident of child 

abuse in accordance with 20 U.S.C. 921 

through 932 and chapter 33. 

(B) FAP provides ongoing and direct 

case management services to families 

and their infants and toddlers placed in 

foster care or other out-of-home 

placements to ensure the unique 

developmental, physical, socialemotional, and mental health needs are 

addressed in child welfare-initiated care 

plans. 

(v) PS 64: Assistance in responding to 

reports of multiple victim child sexual 

abuse in dod sanctioned out-of-home 

care. (A) The installation FAPM assists 

the installation commander in assessing 

the need for and implementing 

procedures for requesting deployment of 

a DoD FACAT in cases of multiplevictim child sexual abuse occurring in 

DoD-sanctioned or operated activities, 

in accordance with DoD Instruction 


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6400.03 and Service FAP headquarters 

implementing policies and guidance. 

(B) The installation FAPM acts as the 

installation coordinator for the FACAT 

before it arrives at the installation. 

(2) PS 65: Responsibilities in 

Responding to Reports of Domestic 

Abuse. Installation procedures for 

responding to unrestricted and 

restricted reports of domestic abuse are 

established in accordance with DoD 

Instruction 6400.06 and Service FAP 

headquarters implementing policy and 

guidance. 

(3) Informed consent—(i) PS 66: 

Informed consent for FAP clinical 

assessment, intervention services, and 

supportive services or clinical 

treatment. Every person referred for 

FAP clinical intervention and 

supportive services must give informed 

consent for such assessment or services. 

Clients are considered voluntary, nonmandated recipients of services except 

when the person is: 

(A) Issued a lawful order by a military 

commander to participate. 

(B) Ordered by a court of competent 

jurisdiction to participate. 

(C) A child, and the parent or 

guardian has authorized such 

assessment or services. 

(ii) PS 67: Documentation of informed 

consent. FAP staff document that the 

person gave informed consent in the 

FAP case record, in accordance with 

DoD Instruction 6400.06 and the Service 

FAP headquarters implementing 

policies and guidance. 

(iii) PS 68: Privileged communication. 

Every person referred for FAP clinical 

intervention and support services is 

informed of their right to the provisions 

of privileged communication by 

specified service providers in 

accordance with Military Rules of 

Evidence 513 and 514 in the Manual for 

Courts Martial, current edition 

(available at http://www.apd.army.mil/

pdffiles/mcm.pdf, Section III, pages III– 

34 to III–36.). 

(4) Clinical case management and risk 

management—(i) PS 69: FAP case 

manager. A clinical service provider is 

assigned to each FAP referral 

immediately when the case enters the 

FAP system in accordance with Service 

FAP headquarters implementing policy 

and guidance. 

(ii) PS 70: Initial risk monitoring. FAP 

monitoring of the risk of further abuse 

begins when the report of suspected 

child abuse or domestic abuse is 

received and continues through the 

initial clinical assessment. The FAP 

case manager requests information from 

a variety of sources, in addition to the 

victim and the abuser (whether alleged 

or adjudicated), to identify additional 

risk factors and to clarify the context of 

the use of any violence, and ascertains 

the level of risk and the risk of lethality 

using standardized instruments in 

accordance with subpart A of this part 

and DoD Instruction 6400.06, and 

Service FAP headquarters policies and 

guidance. 

(iii) PS 71: Ongoing risk assessment. 

(A) FAP risk assessment is conducted 

from the clinical assessment until the 

case closes: 

(1) During each contact with the 

victim; 

(2) During each contact with the 

abuser (whether alleged or adjudicated); 

(3) Whenever the abuser is alleged to 

have committed a new incident of child 

abuse or domestic abuse; 

(4) During significant transition 

periods for the victim or abuser; 

(5) When destabilizing events for the 

victim or abuser occur; or 

(6) When any clinically relevant 

issues are uncovered during clinical 

intervention services. 

(B) The FAP case manager monitors 

risk at least quarterly when civilian 

agencies provide the clinical 

intervention services or child welfare 

services through MOUs with such 

agencies. 

(C) The FAP case manager monitors 

risk at least monthly when the case is 

high risk or involves chronic child 

neglect or child sexual abuse. 

(iv) PS 72: Communication of 

increased risk. The FAPM 

communicates increases in risk or risk 

of lethality to the appropriate 

commander(s), law enforcement, or 

civilian officials. FAP clinical staff 

assess whether the increased risk 

requires the victim or the victim 

advocate to be urged to review the 

victim’s safety plan. 

(5) Clinical assessment—(i) PS 73: 

Clinical assessment policy. The 

installation FAPM establishes 

procedures for the prompt clinical 

assessment of victims, abusers (whether 

alleged or adjudicated), and other family 

members, who are eligible to receive 

treatment in a military medical facility, 

in reports of child abuse and 

unrestricted reports of domestic abuse 

in accordance with subpart A of this 

part and DoD 6025.18–R when 

applicable and Service FAP 

headquarters policies and guidance, 

including: 

(A) A prompt response based on the 

severity of the alleged abuse and further 

risk of child abuse or domestic abuse. 

(B) Developmentally appropriate 

clinical tools and measures to be used, 

including those that take into account 

relevant cultural attitudes and practices. 

(C) Timelines for FAP staff to 

complete the assessment of an alleged 

abuse incident. 

(ii) PS 74: Gathering and disclosure of 

information. Service members who 

conduct clinical assessments and 

provide clinical services to Service 

member abusers (whether alleged or 

adjudicated) must adhere to Service 

policies with respect to advisement of 

rights in accordance with 10 U.S.C. 

chapter 47, also known as ‘‘The Uniform 

Code of Military Justice’’. Clinical 

service providers must also seek 

guidance from the servicing legal office 

when a question of applicability arises. 

Before obtaining information about and 

from the person being assessed, FAP 

staff fully discuss with such person: 

(A) The nature of the information that 

is being sought. 

(B) The sources from which such 

information will be sought. 

(C) The reason(s) why the information 

is being sought. 

(D) The circumstances in accordance 

with 5 U.S.C. 552a, DoD 6025.18–R, 32 

CFR part 310, and Service FAP 

headquarters policies and guidance 

under which the information may be 

released to others. 

(E) The procedures under 5 U.S.C. 

552a, DoD 6025.18–R, 32 CFR part 310, 

and Service FAP headquarters policies 

and guidance for requesting the person’s 

authorization for such information. 

(F) The procedures under 5 U.S.C. 

552a, DoD 6025.18–R, 32 CFR part 310, 

and Service FAP headquarters policies 

and guidance by which a person may 

request access to his or her record. 

(iii) PS 75: Components of clinical 

assessment. FAP staff conducts or 

ensures that a clinical service provider 

conducts a clinical assessment of each 

victim, abuser (whether alleged or 

adjudicated), and other family member 

who is eligible for treatment in a 

military medical treatment facility, in 

accordance with PS 73, located at 

paragraph (e)(5)(i) of this section, 

including: 

(A) An interview. 

(B) A review of pertinent records. 

(C) A review of information obtained 

from collateral contacts, including but 

not limited to medical providers, 

schools, child development centers, and 

youth programs. 

(D) A psychosocial assessment, 

including developmentally appropriate 

assessment tools for infants, toddlers, 

and children. 

(E) An assessment of the basic health, 

developmental, safety, and special 

health and mental health needs of 

infants and toddlers. 

(F) An assessment of the presence and 

balance of risk and protective factors. 


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(G) A safety assessment. 

(H) A lethality assessment. 

(iv) PS 76: Ethical conduct in clinical 

assessments. When conducting FAP 

clinical assessments, FAP staff treat 

those being clinically assessed with 

respect, fairness, and in accordance 

with professional ethics. 

(6) Intervention strategy and 

treatment plan—(i) PS 77: Intervention 

strategy and treatment plan for the 

alleged abuser. The FAP case manager 

prepares an appropriate intervention 

strategy based on the clinical 

assessment for every abuser (whether 

alleged or adjudicated) who is eligible to 

receive treatment in a military treatment 

facility and for whom a FAP case is 

opened. The intervention strategy 

documents the client’s goals for self, the 

level of client involvement in 

developing the treatment goals, and 

recommends appropriate: 

(A) Actions that may be taken by 

appropriate authorities under the 

coordinated community response, 

including safety and protective 

measures, to reduce the risk of another 

act of child abuse or domestic abuse, 

and the assignment of responsibilities 

for carrying out such actions. 

(B) Treatment modalities based on the 

clinical assessment that may assist the 

abuser (whether alleged or adjudicated) 

in ending his or her abusive behavior. 

(C) Actions that may be taken by 

appropriate authorities to assess and 

monitor the risk of recurrence. 

(ii) PS 78: Commanders’ access to 

relevant information for disposition of 

allegations. FAP provides commanders 

and senior enlisted personnel timely 

access to relevant information on child 

abuse incidents and unrestricted reports 

of domestic abuse incidents to support 

appropriate disposition of allegations. 

Relevant information includes: 

(A) The intervention goals and 

activities described in PS 77, located at 

paragraph (e)(6)(i) of this section. 

(B) The alleged abuser’s prognosis for 

treatment, as determined from a clinical 

assessment. 

(C) The extent to which the alleged 

abuser accepts responsibility for his or 

her behavior and expresses a genuine 

desire for treatment, provided that such 

information obtained from the alleged 

abuser was obtained in compliance with 

Service policies with respect to 

advisement of rights in accordance with 

10 U.S.C. chapter 47. 

(D) Other factors considered 

appropriate for the command, including 

the results of any previous treatment of 

the alleged abuser for child abuse or 

domestic abuse and his or her 

compliance with the previous treatment 

plan, and the estimated time the alleged 

abuser will be required to be away from 

military duties to fulfill treatment 

commitments. 

(E) Status of any child taken into 

protective custody. 

(iii) PS 79: Supportive services plan 

for the victim and other family 

members. The FAP case manager 

prepares a plan for appropriate 

supportive services or clinical 

treatment, based on the clinical 

assessments, for every victim or family 

member who is eligible to receive 

treatment in a military treatment 

facility, who expresses a desire for FAP 

services, and for whom a FAP case is 

opened. The plan recommends one or 

more appropriate treatment modalities 

or support services, in accordance with 

subpart A of this part and DoD 

Instruction 6400.05 and Service FAP 

headquarters policies and guidance. 

(iv) PS 80: Clinical consultation. All 

FAP clinical assessments and treatment 

plans for persons in incidents of child 

abuse or domestic abuse are reviewed in 

the CCSM, in accordance with DoD 

6025.18–R when applicable, 32 CFR 

part 310, and Service FAP headquarters 

policies and guidance. 

(7) Intervention and treatment—(i) PS 

81: Intervention services for abusers. 

Appropriate intervention services for an 

abuser (whether alleged or adjudicated) 

who is eligible to receive treatment in a 

military medical program are available 

either from the FAP or from other 

military agencies, contractors, or 

civilian services providers, including: 

(A) Psycho-educationally based 

programs and services. 

(B) Supportive services that may 

include financial counseling and 

spiritual support. 

(C) Clinical treatment specifically 

designed to address risk and protective 

factors and dynamics associated with 

child abuse or domestic abuse. 

(D) Trauma informed clinical 

treatment when appropriate. 

(ii) PS 82: Supportive services or 

treatment for victims who are eligible to 

receive treatment in a military treatment 

facility. Appropriate supportive services 

and treatment are available either from 

the FAP or from other military agencies, 

contractors, or civilian services 

providers, including: 

(A) Immediate and ongoing domestic 

abuse victim advocacy services, 

available 24 hours per day through 

personal or telephone contact, as set 

forth in DoD Instruction 6400.06 and 

Service FAP headquarters policies and 

guidance. 

(B) Supportive services that may 

include financial counseling and 

spiritual support. 

(C) Psycho-educationally based 

programs and services. 

(D) Appropriate trauma informed 

clinical treatment specifically designed 

to address risk and protective factors 

and dynamics associated with child 

abuse or domestic abuse victimization. 

(E) Supportive services, information 

and referral, safety planning, and 

treatment (when appropriate) for child 

victims and their family members of 

abuse by non-caretaking offenders. 

(iii) PS 83: Supportive services for 

victims or offenders who are not eligible 

to receive treatment in a military 

treatment facility. Victims must receive 

initial safety-planning services only and 

must be referred to civilian support 

services for all follow-on care. Offenders 

must receive referrals to appropriate 

civilian intervention or treatment 

programs. 

(iv) PS 84: Ethical conduct in 

supportive services and treatment for 

abusers and victims. When providing 

FAP supportive services and treatment, 

FAP staff treats those receiving such 

supportive services or clinical treatment 

with respect, fairness, and in 

accordance with professional ethics. 

(v) PS 85: CCSM review of treatment 

progress. Treatment progress and the 

results of the latest risk assessment are 

reviewed periodically in the CCSM in 

accordance with subpart A of this part. 

(A) Child sexual abuse cases are 

reviewed monthly in the CCSM. 

(B) Cases involving foster care 

placement of children are reviewed 

monthly in the CCSM. 

(C) All other cases are reviewed at 

least quarterly in the CCSM. 

(D) Cases must be reviewed within 30 

days of any significant event or a 

pending significant event that would 

impact care, including but not limited to 

a subsequent maltreatment incident, 

geographic move, deployment, pending 

separation from the Service, or 

retirement. 

(vi) PS 86: Continuity of services. The 

FAP case manager ensures continuity of 

services before the transfer or referral of 

open child abuse or domestic abuse 

cases to other service providers: 

(A) At the same installation or other 

installations of the same Service FAP 

headquarters. 

(B) At installations of other Service 

FAP headquarters. 

(C) In the civilian community. 

(D) In child welfare services in the 

civilian community. 

(8) Termination and case closure—(i) 

PS 87: Criteria for case closure. FAP 

services are terminated and the case is 

closed when treatment provided to the 

abuser (whether alleged or adjudicated) 

is terminated and treatment or 


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supportive services provided to the 

victim are terminated. 

(A) Treatment provided to the 

abuser(s) (whether alleged or 

adjudicated) is terminated only if either: 

(1) The CCSM discussion produced a 

consensus that clinical objectives have 

been substantially met and the results of 

a current risk assessment indicate that 

the risk of additional abuse and risk of 

lethality have declined; or 

(2) The CCSM discussion produced a 

consensus that clinical objectives have 

not been met due to: 

(i) Noncompliance of such abuser(s) 

with the requirements of the treatment 

program. 

(ii) Unwillingness of such abuser(s) to 

make changes in behavior that would 

result in treatment progress. 

(B) Treatment and supportive services 

provided to the victim are terminated 

only if either: 

(1) The CCSM discussion produced a 

consensus that clinical objectives have 

been substantially met; or 

(2) The victim declines further FAP 

supportive services. 

(ii) PS 88: Communication of case 

closure. Upon closure of the case the 

FAP notifies: 

(A) The abuser (whether alleged or 

adjudicated) and victim, and in a child 

abuse case, the non-abusing parent. 

(B) The commander of an active duty 

victim or abuser (whether alleged or 

adjudicated). 

(C) Any appropriate civilian court 

currently exercising jurisdiction over 

the abuser (whether alleged or 

adjudicated), or in a child abuse case, 

over the child. 

(D) A civilian child protective 

services agency currently exercising 

protective authority over a child victim. 

(E) The NPSP, if the family has been 

currently receiving NPSP intensive 

home visiting services. 

(F) The domestic abuse victim 

advocate if the victim has been 

receiving victim advocacy services. 

(iii) PS 89: Disclosure of information. 

Information gathered during FAP 

clinical assessments and during 

treatment or supportive services that is 

protected from disclosure under 5 

U.S.C. 552a, DoD 6025.18–R, and 32 

CFR part 310 is only disclosed in 

accordance with 5 U.S.C. 552a, DoD 

6025.18–R, 32 CFR part 310, and 

Service FAP headquarters implementing 

policies and guidance. 

(f) Documentation and records 

management—(1) Documentation of 

NPSP cases—(i) PS 90: NPSP case 

record documentation. For every client 

screened for NPSP services, NPSP 

personnel must document in accordance 

with Service FAP headquarters policies 

and guidance, at a minimum: 

(A) The informed consent of the 

parents based on the services offered. 

(B) The results of the initial screening 

for risk and protective factors and, if the 

risk was high, document: 

(1) The assessment(s) conducted. 

(2) The plan for services and goals for 

the parents. 

(3) The services provided and 

whether suspected child abuse or 

domestic abuse was reported. 

(4) The parents’ progress toward their 

goals at the time NPSP services ended. 

(ii) PS 91: Maintenance, storage, and 

security of NPSP case records. NPSP 

case records are maintained, stored, and 

kept secure in accordance with DoD 

6025.18–R when applicable, 32 CFR 

part 310, and Service FAP headquarters 

policies and guidance. 

(iii) PS 92: Transfer of NPSP case 

records. NPSP case records are 

transferred in accordance with DoD 

6025.18–R when applicable, 32 CFR 

part 310, and Service FAP headquarters 

policies and procedures. 

(iv) PS 93: Disposition of NPSP 

records. NPSP records are disposed of in 

accordance with DoD 6025.18–R when 

applicable, 32 CFR part 310, and Service 

FAP headquarters policies and 

guidance. 

(2) Documentation of reported 

incidents—(i) PS 94: Reports of child 

abuse and unrestricted reports of 

domestic abuse. For every new reported 

incident of child abuse and unrestricted 

report of domestic abuse, the FAP 

documents, at a minimum, an accurate 

accounting of all risk levels, actions 

taken, assessments conducted, foster 

care placements, clinical services 

provided, and results of the quarterly 

CCSM from the initial report of an 

incident to case closure in accordance 

with Service FAP headquarters policies 

and guidance. 

(ii) PS 95: Documentation of multiple 

incidents. Multiple reported incidents of 

child abuse and unrestricted reports of 

domestic abuse involving the same 

Service member or family members are 

documented separately within one FAP 

case record. 

(iii) PS 96: Maintenance, storage, and 

security of FAP case records. FAP case 

records are maintained, stored, and kept 

secure in accordance with Service FAP 

headquarters policies and procedures. 

(iv) PS 97: Transfer of FAP case 

records. FAP case records are 

transferred in accordance with DoD 

6025.18–R when applicable, 32 CFR 

part 310, and Service FAP headquarters 

policies and procedures. 

(v) PS 98: Disposition of FAP records. 

FAP records are disposed of in 

accordance with DoD Directive 5015.2, 

‘‘DoD Records Management Program’’ 

(available at http://www.dtic.mil/whs/

directives/corres/pdf/501502p.pdf) and 

Service FAP headquarters policies and 

guidance. 

(3) Central registry of child abuse and 

domestic abuse incidents—(i) PS 99: 

Recording data into the Service FAP 

headquarters central registry of child 

abuse and domestic abuse incidents. 

Data pertaining to child abuse and 

unrestricted domestic abuse incidents 

reported to FAP are added to the Service 

FAP headquarters central registry of 

child and domestic abuse incidents. 

Quarterly edit checks are conducted in 

accordance with Service FAP 

headquarters policies and procedures. 

Data that personally identifies the 

sponsor, victim, or alleged abuser are 

not retained in the central registry for 

any incidents that did not meet criteria 

for entry or on any victim or alleged 

abuser who is not an active duty 

member or retired Service member, DoD 

civilian employee, contractor, or eligible 

beneficiary. 

(ii) PS 100: Access to the DoD central 

registry of child and domestic abuse 

incidents. Access to the DoD central 

registry of child and domestic abuse 

incidents and disclosure of information 

therein complies with DoD 6400.1–M–1 

and Service FAP headquarters policies 

and guidance. 

(iii) PS 101: Access to Service FAP 

headquarters central registry of child 

and domestic abuse reports. Access to 

the Service FAP headquarters central 

registry of child and domestic abuse 

incidents and disclosure of information 

therein complies with DoD 6400.1–M–1 

and Service FAP headquarters policies 

and procedures. 

(4) Documentation of restricted 

reports of domestic abuse—(i) PS 102: 

Documentation of restricted reports of 

domestic abuse. Restricted reports of 

domestic abuse are documented in 

accordance with DoD Instruction 

6400.06 and Service FAP headquarters 

policies and guidance. 

(ii) PS 103: Maintenance, storage, 

security, and disposition of restricted 

reports of domestic abuse. Records of 

restricted reports of domestic abuse are 

maintained, stored, kept secure, and 

disposed of in accordance with DoD 

Instruction 6400.06 and Service FAP 

headquarters policies and procedures. 

(g) Fatality notification and review— 

(1) Fatality notification—(i) PS 104: 

Domestic abuse fatality and child abuse 

fatality notification. The installation 

FAC establishes local procedures in 

compliance with Service FAP 

headquarters implementing policy and 

guidance to report fatalities known or 

suspected to have resulted from an act 

of domestic abuse, child abuse, or 


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suicide related to an act of domestic 

abuse or child abuse that involve 

personnel assigned to the installation or 

within its area of responsibility. 

Fatalities are reported through the 

Service FAP headquarters and the 

Secretaries of the Military Departments 

to the DASD(MC&FP) in compliance 

with subpart A of this part and DoD 

Instruction 6400.06, and Service FAP 

headquarters implementing policy and 

guidance. 

(ii) PS 105: Timeliness of reporting 

domestic abuse and child abuse 

fatalities to DASD(MC&FP). The 

designated installation personnel report 

domestic abuse and child abuse 

fatalities through the Service FAP 

headquarters channels to the 

DASD(MC&FP) within the timeframe 

specified in DoD Instruction 6400.06 in 

accordance with the Service FAP 

headquarters implementing policy and 

guidance. 

(iii) PS 106: Reporting format for 

domestic abuse and child abuse 

fatalities. Installation reports of 

domestic abuse and child abuse 

fatalities are reported on the DD Form 

2901, ‘‘Child Abuse or Domestic Abuse 

Related Fatality Notification,’’ and in 

accordance with subpart A of this part. 

(2) Review of fatalities—(i) PS 107: 

Information forwarded to the Service 

FAP headquarters fatality review. The 

installation provides written 

information concerning domestic abuse 

and child abuse fatalities that involve 

personnel assigned to the installation or 

within its area of responsibility 

promptly to the Service FAP 

headquarters fatality review team in 

accordance with DoD Instruction 

6400.06 and in the format specified in 

the Service FAP headquarters 

implementing policy and guidance. 

(ii) PS 108: Cooperation with non-DoD 

fatality review teams. Authorized 

installation personnel provide 

information about domestic abuse and 

child abuse fatalities that involve 

personnel assigned to the installation or 

within its area of responsibility to nonDoD fatality review teams in accordance 

with written MOUs and 5 U.S.C. 552a 

and 32 CFR part 310. 

(h) QA and accreditation or 

inspections—(1) QA—(i) PS 109: 

Installation FAP QA program. The 

installation FAC will establish local QA 

procedures that address compliance 

with the PSs in this section in 

accordance with subpart A of this part 

and Service FAP headquarters 

implementing policy and guidance. 

(ii) PS 110: QA Training. All FAP 

personnel must be trained in 

installation QA procedures. 

(iii) PS 111: Monitoring FAP 

compliance with PSs. The installation 

FAPM monitors compliance of FAP 

personnel to installation QA procedures 

and the PSs in this section. 

(2) Accreditation or inspections—(i) 

PS 112: Accreditation or inspections. 

The installation FAP undergoes 

accreditation or inspection at least every 

4 years to monitor compliance with the 

PSs in this section, in accordance with 

subpart A of this part and Service FAP 

headquarters policies and guidance. 

(ii) PS 113: Review of accreditation 

and inspection results. The installation 

FAC reviews the results of the FAP 

accreditation review or inspection and 

submits findings and corresponding 

corrective action plans to the Service 

FAP headquarters in accordance with its 

implementing policy and guidance. 

APPENDIX TO § 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 


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APPENDIX TO § 61.12—INDEX OF FAP TOPICS—Continued 

Topic PS number(s) Page number(s) 

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 


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APPENDIX TO § 61.12—INDEX OF FAP TOPICS—Continued 

Topic PS number(s) Page number(s) 

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 


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Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Rules and Regulations 11797 

Subpart C—Reserved 

Subpart D—Reserved 

Subpart E—Guidelines for Clinical 

Intervention for Persons Reported as 

Domestic Abusers 

Authority: 10 U.S.C. chapter 47, 42 U.S.C. 

5106g, 42 U.S.C. 13031. 

§ 61.25 Purpose. 

(a) This part is composed of several 

subparts, each containing its own 

purpose. This subpart implements 

policy, assigns responsibilities, and 

provides procedures for addressing 

child abuse and domestic abuse in 

military communities. 

(b) Restricted reporting guidelines are 

provided in DoD Instruction 6400.06, 

‘‘Domestic Abuse Involving DoD 

Military and Certain Affiliated 

Personnel’’ (available at http://

www.dtic.mil/whs/directives/corres/pdf/

640006p.pdf). This subpart prescribes 

guidelines for Family Advocacy 

Program (FAP) assessment, clinical 

rehabilitative treatment, and ongoing 

monitoring of individuals who have 

been reported to FAP by means of an 

unrestricted report for domestic abuse 

against: 

(1) Current or former spouses, or 

(2) Intimate partners. 

§ 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. An individual adjudicated in 

a military disciplinary proceeding or 

civilian criminal proceeding who is 

found guilty of committing an act of 

domestic violence or a lesser included 

offense, as well as an individual alleged 

to have committed domestic abuse, 

including domestic violence, who has 

not had such an allegation adjudicated. 

Abuser contract. The treatment 

agreement between the clinician and the 

abuser that specifies the responsibilities 

and expectations of each party. It 

includes specific abuser treatment goals 

as identified in the treatment plan and 

clearly specifies that past, present, and 

future allegations and threats of 

domestic abuse and child abuse or 

neglect will be reported to the active 

duty member’s commander, to local law 

enforcement and child protective 

services, as appropriate, and to the 

potential victim. 

Clinical case management. Defined in 

subpart B of this part. 

Clinical case staff meeting (CCSM). 

Defined in subpart B of the part. 

Clinical intervention. Defined in 

subpart B of this part. 

Domestic abuse. Domestic violence or 

a pattern of behavior resulting in 

emotional/psychological abuse, 

economic control, and/or interference 

with personal liberty that is directed 

toward a person who is: 

(1) A current or former spouse; 

(2) A person with whom the abuser 

shares a child in common; or 

(3) A current or former intimate 

partner with whom the abuser shares or 

has shared a common domicile. 

Domestic violence. An offense under 

the United States Code, the UCMJ, or 

State law involving the use, attempted 

use, or threatened use of force or 

violence against a person, or a violation 

of a lawful order issued for the 

protection of a person, who is: 

(1) A current or former spouse. 

(2) A person with whom the abuser 

shares a child in common; or 

(3) A current or former intimate 

partner with whom the abuser shares or 

has shared a common domicile. 

FAP Manager. Defined in subpart A of 

this part. 

Incident determination committee. 

Defined in subpart A of this part. 

Intimate partner. A person with 

whom the victim shares a child in 

common, or a person with whom the 

victim shares or has shared a common 

domicile. 

Risk management. Defined in subpart 

B of this part. 

Severe abuse. Exposure to chronic 

pattern of emotionally abusive behavior 

with physical or emotional effects 

requiring hospitalization or long-term 

mental health treatment. In a spouse 

emotional abuse incident, this 

designation requires an alternative 

environment to protect the physical 

safety of the spouse. Exposure to a 

chronic pattern of neglecting behavior 

with physical, emotional, or educational 

effects requiring hospitalization, longterm mental health treatment, or longterm special education services. 

Physical abuse resulting in major 

physical injury requiring inpatient 

medical treatment or causing temporary 

or permanent disability or 

disfigurement; moderate or severe 

emotional effects requiring long-term 

mental health treatment; and may 

require placement in an alternative 

environment to protect the physical 

safety or other welfare of the victim. 

Sexual abuse involving oral, vaginal, or 

anal penetration that may or may not 

require one or more outpatient visits for 

medical treatment; may be accompanied 

by injury requiring inpatient medical 

treatment or causing temporary or 

permanent disability or disfigurement; 

moderate or severe emotional effects 

requiring long-term mental health 

treatment; and may require placement 

in an alternative environment to protect 

the physical safety or welfare of the 

victim. 

Unrestricted report. A process 

allowing a victim of domestic abuse to 

report an incident using current 

reporting channels, e.g. chain of 

command, law enforcement or criminal 

investigative organization, and FAP for 

clinical intervention. 

§ 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 Webbased applications. 

(3) Assists the Secretaries of the 

Military Departments to: 

(i) Identify tools to assess risk of 

recurrence. 

(ii) Develop and use pre- and posttreatment 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. 


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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—(1) Components of 

clinical intervention. The change from 

abusive to appropriate behavior in 

domestic relationships is a process that 

requires clinical intervention, which 

includes ongoing coordinated 

community risk management, 

assessment, and treatment. 

(2) Military administrative and 

disciplinary actions and clinical 

intervention. The military disciplinary 

system and FAP clinical intervention 

are separate processes. Commanders 

may proceed with administrative or 

disciplinary actions at any time. 

(3) Goals of clinical intervention. the 

primary goals of clinical intervention in 

domestic abuse are to ensure the safety 

of the victim and community, and 

promote stopping abusive behaviors. 

(4) Therapeutic alliance—(i) Although 

clinical intervention must address 

abuser accountability, clinical 

assessment and treatment approaches 

should be oriented to building a 

therapeutic alliance with the abuser so 

that he or she is sincerely motivated to 

take responsibility for his or her actions, 

improve relationship skills, and end the 

abusive behavior. 

(ii) Clinical intervention will neither 

be confrontational nor intentionally or 

unintentionally rely on the use of shame 

to address the abuser’s behavior. Such 

approaches have been correlated in 

research studies with the abuser’s 

premature termination of or minimal 

compliance with treatment. 

(A) It is appropriate to encourage 

abusers to take responsibility for their 

use of violence; however, in the absence 

of a strong, supportive, therapeutic 

relationship, confrontational approaches 

may induce shame and are likely to 

reduce treatment success and foster 

dropout. Approaches that create and 

maintain a therapeutic alliance are more 

likely to motivate abusers to seek to 

change their behaviors, add to their 

relationship skills, and take 

responsibility for their actions. Studies 

indicate that a strong therapeutic 

alliance is related to decreased 

psychological and physical aggression. 

(B) A clinical style that helps the 

abuser identify positive motivations to 

change his or her behavior is effective 

in strengthening the therapeutic alliance 

while encouraging the abuser to 

evaluate his or her own behavior. 

Together, the therapist and abuser 

attempt to identify the positive 

consequences of change, identify 

motivation for change, determine the 

obstacles that lie in the path of change, 

and identify specific behaviors that the 

abuser can adopt. 

(5) Criteria for clinical intervention 

approaches. Clinical intervention 

approaches should reflect the current 

state of knowledge. This subpart 

recommends an approach (or multiple 

approaches) and procedures that have 

one or more of these characteristics: 

(i) Demonstrated superiority in formal 

evaluations in comparison to one or 

more other approaches. 

(ii) Demonstrated statistically 

significant success in formal 

evaluations, but not yet supported by a 

consensus of experts. 

(iii) The support of a consensus due 

to significant potential in the absence of 

statistically significant success. 

(iv) Significant potential when 

consensus does not yet exist. 

(6) Clinical intervention for female 

abusers. Findings from research and 

clinical experience indicate that women 

who are domestic abusers may require 

clinical intervention approaches other 

than those designed specifically for 

male abusers. 

(i) Attention should be given to the 

motivation and context for their use of 

abusive behaviors to discover whether 

or not using violence against their 

spouse, former spouse, or intimate 

partner has been in response to his or 

her domestic abuse. 

(ii) Although both men and women 

who are domestic abusers may have 

undergone previous traumatic 

experiences that may warrant treatment, 

women’s traumatic experiences may 

require additional attention within the 

context of domestic abuse. 

(7) Professional standards. Domestic 

abusers who undergo clinical 

intervention will be treated with 

respect, fairness, and in accordance 

with professional ethics. All applicable 

rights of abusers will be observed, 

including compliance with the rights 

and warnings in 10 U.S.C. 831, chapter 

47, also known and referred to in this 

subpart as the ‘‘Uniform Code of 

Military Justice (UCMJ)’’ for abusers 

who are Service members. 

(i) Clinical service providers who 

conduct clinical assessments of or 

provide clinical treatment to abusers 

will adhere to Service policies with 

respect to the advisement of rights 

pursuant to the UCMJ, will seek 

guidance from the supporting legal 

office when a question of applicability 

arises, and will notify the relevant 

military law enforcement investigative 

agency if advisement of rights has 

occurred. 

(ii) Clinical service providers and 

military and civilian victim advocates 

must follow the Privacy Act of 1974, as 

amended, and other applicable laws, 

regulations, and policies regarding the 

disclosure of information about victims 

and abusers. 

(iii) Individuals and agencies 

providing clinical intervention to 

persons reported as domestic abusers 

will not discriminate based on race, 

color, religion, gender, disability, 

national origin, age, or socioeconomic 

status. All members of clinical 

intervention teams will treat abusers 

with dignity and respect regardless of 

the nature of their conduct or the crimes 

they may have committed. Cultural 

differences in attitudes will be 

recognized, respected, and addressed in 

the clinical assessment process. 

(8) Clinical case management. The 

FAP clinical service provider has the 

responsibility for clinical case 

management. 

(b) Coordinated community risk 

management—(1) General. A 

coordinated community response to 

domestic abuse is the preferred method 

to enhance victim safety, reduce risk, 

and ensure abuser accountability. In a 

coordinated community response, the 

training, policies, and operations of all 

civilian and military human service and 

FAP clinical service providers are 

linked closely with one another. Since 

no particular response to a report of 

domestic abuse can ensure that a further 

incident will not occur, selection of the 

most appropriate response will be 

considered one of coordinated 

community risk management. 

(2) Responsibility for coordinated 

community risk management. Overall 

responsibility for managing the risk of 

further domestic abuse, including 

developing and implementing an 

intervention plan when significant risk 

of lethality or serious injury is present, 

lies with: 

(i) The Service member’s commander 

when a Service member is a domestic 

abuser or is the victim (or their military 

dependent is the victim) of domestic 

abuse. 

(ii) The commander of the installation 

or garrison on which a Service member 

who is a domestic abuser or who is the 

victim (or their military dependent who 

is the victim) of domestic abuse may 

live. 

(iii) The commander of the military 

installation on which the civilian is 

housed for a civilian abuser 

accompanying U.S. military forces 

outside the United States. 


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(iv) The FAP clinical service provider 

or case manager for liaison with civilian 

authorities in the event the abuser is a 

civilian. 

(3) Implementation. Coordinated 

community risk management requires: 

(i) The commander of the military 

installation to participate in local 

coalitions and task forces to enhance 

communication and strengthen program 

development among activities. In the 

military community, this may include 

inviting State, local, and tribal 

government representatives to 

participate in their official capacity as 

non-voting guests in meetings of the 

Family Advocacy Committee (FAC) to 

discuss coordinated community risk 

management in domestic abuse 

incidents that cross jurisdictions. (See 

subpart B of this part for FAC 

standards.) 

(A) Agreements with non-federal 

activities will be reflected in signed 

MOU. 

(B) Agreements may be among 

military installations of different 

Military Services and local government 

activities. 

(ii) Advance planning through the 

installation FAC by: 

(A) The commander of the 

installation. 

(B) FAP and civilian clinical service 

providers. 

(C) Victim advocates in the military 

and civilian communities. 

(D) Military chaplains. 

(E) Military and civilian law 

enforcement agencies. 

(F) Military supporting legal office 

and civilian prosecutors. 

(G) Military and civilian mental 

health and substance abuse treatment 

agencies. 

(H) DoDEA school principals or their 

designees. 

(I) Other civilian community agencies 

and personnel including: 

(1) Criminal and family court judges. 

(2) Court probation officials. 

(3) Child protective services agencies. 

(4) Domestic abuse shelters. 

(iii) FAP clinical service providers to 

address: 

(A) Whether treatment approaches 

under consideration are based on 

individualized assessments and directly 

address other relevant risk factors. 

(B) Whether the operational tempo of 

frequent and lengthy deployments to 

accomplish a military mission affects 

the ability of active duty Service 

members to complete a State-mandated 

treatment program. 

(C) Respective responsibilities for 

monitoring abusers’ behavior on an 

ongoing basis, developing procedures 

for disclosure of relevant information to 

appropriate authorities, and 

implementing a plan for intervention to 

address the safety of the victim and 

community. 

(4) Deployment. Risk management of 

a Service member reported to FAP as a 

domestic abuser prior to a military 

deployment, when his or her 

deployment is not cancelled, or reported 

to FAP as a domestic abuser while 

deployed requires planning for his or 

her return to their home station. 

(i) The installation FAC should give 

particular attention to special and early 

returns so during deployment of a unit, 

the forward command is aware of the 

procedures to notify the home station 

command of regularly-scheduled and 

any special or early returns of such 

personnel to reduce the risk of 

additional abuse. 

(ii) An active duty Service member 

reported as a domestic abuser may be 

returned from deployment early for 

military disciplinary or civilian legal 

procedures, for rest and recuperation 

(R&R), or, if clinical conditions warrant, 

for treatment not otherwise available at 

the deployed location and if the 

commander feels early return is 

necessary under the circumstances. To 

prevent placing a victim at higher risk, 

the deployed unit commander will 

notify the home station commander and 

the installation FAP in advance of the 

early return, unless operational security 

prevents such disclosure. 

(5) Clinical case management. 

Ongoing and active case management, 

including contact with the victim and 

liaison with the agencies in the 

coordinated community response, is 

necessary to ascertain the abuser’s 

sincerity and changed behavior. Case 

management requires ongoing liaison 

and contact with multiple information 

sources involving both military and 

surrounding civilian community 

agencies. Clinical case management 

includes: 

(i) Initial clinical case management. 

Initial case management begins with the 

intake of the report of suspected 

domestic abuse, followed by the initial 

clinical assessment. 

(ii) Periodic clinical case 

management. Periodic case management 

includes the FAP clinical service 

provider’s assessment of treatment 

progress and the risk of recurrence of 

abuse. Treatment progress and the 

results of the latest risk assessment 

should be discussed whenever the case 

is reviewed at the CCSM. 

(iii) Follow-up. As a result of the risk 

assessment, if there is a risk of 

imminent danger to the victim or to 

another person, the FAP clinical service 

provider may need to notify: 

(A) The victim or other person at risk 

and the victim advocate to review, and 

possibly revise, the safety plan. 

(B) The appropriate military 

command, and military or civilian law 

enforcement agency. 

(C) Other treatment providers to 

modify their intervention with the 

abuser. For example, the provider of 

substance abuse treatment may need to 

change the requirements for monitored 

urinalysis. 

(c) Clinical assessment—(1) Purposes. 

A structured clinical assessment of the 

abuser is a critical first step in clinical 

intervention. The purposes of clinical 

assessment are to: 

(i) Gather information to evaluate and 

ensure the safety of all parties—victim, 

abuser, other family members, and 

community. 

(ii) Assess relevant risk factors, 

including the risk of lethality. 

(iii) Determine appropriate risk 

management strategies, including 

clinical treatment; monitoring, 

controlling, or supervising the abuser’s 

behavior to protect the victim and any 

individuals who live in the household; 

and victim safety planning. 

(2) Initial information gathering. 

Initial information gathering and risk 

assessment begins when the 

unrestricted report of domestic abuse is 

received by FAP. 

(i) Since the immediacy of the 

response is based on the imminence of 

risk, the victim must be contacted as 

soon as possible to evaluate her or his 

safety, safety plan, and immediate 

needs. If a domestic abuse victim 

advocate is available, the victim 

advocate must contact the victim. If a 

victim advocate is not available, the 

clinician must contact the victim. Every 

attempt must be made to contact the 

victim via telephone or email to request 

a face-to-face interview. If the victim is 

unable or unwilling to meet face-to-face, 

the victim’s safety, safety plan, and 

immediate needs will be evaluated by 

telephone. 

(ii) The clinician must interview the 

victim and abuser separately to 

maximize the victim’s safety. Both 

victim and abuser must be assessed for 

the risk factors in paragraphs (c)(4) and 

(c)(6) of this section. 

(A) The clinician must inform the 

victim and abuser of the limits of 

confidentiality and the FAP process 

before obtaining information from them. 

Such information must be provided in 

writing as early as practical. 

(B) The clinician must build a 

therapeutic alliance with the abuser 

using an interviewing style that assesses 

readiness for and motivates behavioral 

change. The clinician must be sensitive 


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to cultural considerations and other 

barriers to the client’s engagement in the 

process. 

(iii) The clinician must also gather 

information from a variety of other 

sources to identify additional risk 

factors, clarify the context of the use of 

any violence, and determine the level of 

risk. The assessment must include 

information about whether the Service 

member is scheduled to be deployed or 

has been deployed within the past year, 

and the dates of scheduled or past 

deployments. Such sources of 

information may include: 

(A) The appropriate military 

command. 

(B) Military and civilian law 

enforcement. 

(C) Medical records. 

(D) Children and other family 

members residing in the home. 

(E) Others who may have witnessed 

the acts of domestic abuse. 

(F) The FAP central registry of child 

maltreatment and domestic abuse 

reports. 

(iv) The clinician will request 

disclosure of information and use the 

information disclosed in accordance 

with 32 CFR part 310 and DoD 6025.18– 

R, ‘‘DoD Health Information Privacy 

Regulation’’ (available at http://

www.dtic.mil/whs/directives/corres/pdf/

602518r.pdf). 

(3) Violence contextual assessment. 

The clinical assessment of domestic 

abuse will include an assessment of the 

use of violence within the context of 

relevant situational factors to guide 

intervention. Relevant situational 

factors regarding the use of violence 

include, but are not limited to: 

(i) Exacerbating factors. Exacerbating 

factors include whether either victim or 

domestic abuser: 

(A) Uses violence as an inappropriate 

means of expressing frustrations with 

life circumstances. 

(B) Uses violence as a means to exert 

and maintain power and control over 

the other party. 

(C) Has inflicted injuries on the other 

party during the relationship, and the 

extent of such injuries. 

(D) Fears the other. 

(ii) Mitigating factors. Mitigating 

factors include whether either victim or 

domestic abuser uses violence: 

(A) In self-defense. 

(B) To protect another person, such as 

a child. 

(C) In retaliation, as noted in the most 

recent incident or in the most serious 

incident. 

(4) Lethality risk assessment. The 

clinician must assess the risk for 

lethality in every assessment for 

domestic abuse, whether or not violence 

was used in the present incident. The 

lethality assessment will assess the 

presence of these factors: 

(i) For both victim and domestic 

abuser: 

(A) Increased frequency and severity 

of violence in the relationship. 

(B) Ease of access to weapons. 

(C) Previous use of weapons or threats 

to use weapons. 

(D) Threats to harm or kill the other 

party, oneself, or another (especially a 

child of either party). 

(E) Excessive use of alcohol and use 

of illegal drugs. 

(F) Jealousy, possessiveness, or 

obsession, including stalking. 

(ii) For the domestic abuser only: 

(A) Previous acts or attempted acts of 

forced or coerced sex with the victim. 

(B) Previous attempts to strangle the 

victim. 

(iii) For the victim only: 

(A) The victim’s attempts or 

statements of intent to leave the 

relationship. 

(B) If the victim is a woman, whether 

the victim is pregnant and the abuser’s 

attitude regarding the pregnancy. 

(C) The victim’s fear of harm from the 

abuser to himself or herself or any child 

of either party or other individual living 

in the household. 

(5) Results of lethality risk 

assessment. When one or more lethality 

factors are identified: 

(i) The clinician will promptly contact 

the appropriate commander and 

military or civilian law enforcement 

agency and the victim advocate. 

(ii) The commander or military law 

enforcement agency will take immediate 

steps to protect the victim, addressing 

the lethality factor(s) identified. 

(iii) The victim advocate will contact 

the victim to develop or amend any 

safety plan to address the lethality 

factor(s) identified. 

(iv) The commander will intensify 

ongoing coordinated community risk 

management and monitoring of the 

abuser. 

(6) Assessment of other risk factors. 

The clinician will separately assess the 

victim and abuser for other factors that 

increase risk for future domestic abuse. 

Such risk factors to be assessed include, 

but are not limited to, the abuser’s: 

(i) Previous physical and sexual 

violence and emotional abuse 

committed in the current and previous 

relationships. The greater the frequency, 

duration, and severity of such violence, 

the greater the risk. 

(ii) Use of abuse to create and 

maintain power and control over others. 

(iii) Attitudes and beliefs directly or 

indirectly supporting domestic abusive 

behavior. The stronger the attitudes and 

beliefs, the greater the risk. 

(iv) Blaming of the victim for the 

abuser’s acts. The stronger the 

attribution of blame to the victim, the 

greater the risk. 

(v) Denial that his or her abusive acts 

were wrong and harmful, or 

minimization of their wrongfulness and 

harmfulness. 

(vi) Lack of motivation to change his 

or her behavior. The weaker the 

motivation, the greater the risk. 

(vii) Physical and/or emotional abuse 

of any children in the present or 

previous relationships. The greater the 

frequency, duration, and severity of 

such abuse, the greater the risk. 

(viii) Physical abuse of pets or other 

animals. The greater the frequency, 

duration, and severity of such abuse, the 

greater the risk. 

(ix) Particular caregiver stress, such as 

the management of a child or other 

family member with disabilities. 

(x) Previous criminal behavior 

unrelated to domestic abuse. The greater 

the frequency, duration, and severity of 

such criminal behavior, the greater the 

risk. 

(xi) Previous violations of civil or 

criminal court orders. The greater the 

frequency of such violations, the greater 

the risk. 

(xii) Relationship problems, such as 

infidelity or significant ongoing conflict. 

(xiii) Financial problems. 

(xiv) Mental health issues or 

disorders, especially disorders of 

emotional attachment or depression and 

issues and disorders that have not been 

treated successfully. 

(xv) Experience of traumatic events 

during military service, including 

events that resulted in physical injuries. 

(xvi) Any previous physical harm, 

including head or other physical 

injuries, sexual victimization, or 

emotional harm suffered in childhood 

and/or as a result of violent crime 

outside the relationship. 

(xvii) Fear of relationship failure or of 

abandonment. 

(7) Periodic risk assessment. The FAP 

clinical service provider will 

periodically conduct a risk assessment 

with input from the victim, adding the 

results of such risk assessments to the 

abuser’s treatment record in accordance 

with subpart B of this part, and 

incorporating them into the abuser’s 

clinical treatment plan and contract. 

Risk assessment will be conducted: 

(i) At least quarterly, but more 

frequently as required to monitor safety 

when the current situation is deemed 

high risk. 

(ii) Whenever the abuser is alleged to 

have committed a new incident of 

domestic abuse or an incident of child 

abuse. 


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(iii) During significant transition 

periods in clinical case management, 

such as the change from assessment to 

treatment, changes between treatment 

modalities, and changes between 

substance abuse or mental health 

treatment and FAP treatment. 

(iv) After destabilizing events such as 

accusations of infidelity, separation or 

divorce, pregnancy, deployment, 

administrative or disciplinary action, 

job loss, financial issues, or health 

impairment. 

(v) When any clinically relevant 

issues are uncovered, such as childhood 

trauma, domestic abuse in a prior 

relationship, or the emergence of mental 

health problems. 

(8) Assessment of events likely to 

trigger the onset of future abuse. The 

initial clinical assessment will include a 

discussion of potential events that may 

trigger the onset of future abuse, such as 

pregnancy, upcoming deployment, a 

unilateral termination of the 

relationship, or conflict over custody 

and visitation of children in the 

relationship. 

(9) Tools and instruments for 

assessment. The initial clinical 

assessment process will include the use 

of appropriate standardized tools and 

instruments, Service-specific tools, and 

clinical interviewing. Unless otherwise 

indicated, the results from one or more 

of these tools will not be the sole 

determinant(s) for excluding an 

individual from treatment. The tools 

should be used for: 

(i) Screening for suitability for 

treatment. 

(ii) Tailoring treatment approaches, 

modalities, and content. 

(iii) Reporting changes in the level of 

risk. 

(iv) Developing risk management 

strategies. 

(v) Making referrals to other clinical 

service providers for specialized 

intervention when appropriate. 

(d) Clinical treatment—(1) Theoretical 

approaches. Based on the results of the 

clinical assessment, the FAP clinical 

service provider will select a treatment 

approach that directly addresses the 

abuser’s risk factors and his or her use 

of violence. Such approaches include, 

but are not limited to, cognitive and 

dialectical behavioral therapy, 

psychodynamic therapy, psychoeducational programs, attachment-based 

intervention, and combinations of these 

and other approaches. See paragraph 

(a)(5) of this section for criteria for 

clinical intervention approaches. 

(2) Treatment Planning. A FAP 

clinical service provider will develop a 

treatment plan for domestic abuse that 

is based on a structured assessment of 

the particular relationship and risk 

factors present. 

(i) The treatment plan will not be 

based on a generic ‘‘one-size-fits-all’’ 

approach. The treatment plan will 

consider that people who commit 

domestic abuse do not compose a 

homogeneous group, and may include 

people: 

(A) Of both sexes. 

(B) With a range of personality 

characteristics. 

(C) With mental illness and those 

with no notable mental health problems. 

(D) Who abuse alcohol or other 

substances and/or use illegal drugs and 

those who do not. 

(E) Who combine psychological abuse 

with coercive techniques, including 

violence, to maintain control of their 

spouse, former spouse, or intimate 

partner and those who do not attempt to 

exert coercive control. 

(F) In relationships in which both 

victim and domestic abuser use violence 

(excluding self-defense). 

(ii) Due to the demographics of the 

military population, structure of 

military organizations, and military 

culture, it is often possible to intervene 

in a potentially abusive relationship 

before the individual uses coercive 

techniques to gain and maintain control 

of the other party. Thus, a reliance on 

addressing the abuser’s repeated use of 

power and control tactics as the sole or 

primary focus of treatment is frequently 

inapplicable in the military community. 

(iii) Treatment objectives, when 

applicable, will seek to: 

(A) Educate the abuser about what 

domestic abuse is and the common 

dynamics of domestic abuse in order for 

the abuser to learn to identify his or her 

own abusive behaviors. 

(B) Identify the abuser’s thoughts, 

emotions, and reactions that facilitate 

abusive behaviors. 

(C) Educate the abuser on the 

potential for re-abusing, signs of abuse 

escalation and the normal tendency to 

regress toward previous unacceptable 

behaviors. 

(D) Identify the abuser’s deficits in 

social and relationship skills. Teach the 

abuser non-abusive, adaptive, and prosocial 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 selfmanagement techniques, including 

assertiveness, problem solving, stress 

management, and conflict resolution. 

(G) Educate the abuser on the sociocultural basis for violence. 

(H) Identify and address issues of 

gender role socialization and the 

relationship of such issues to domestic 

abuse. 

(I) Increase the abuser’s 

understanding of the impact of 

emotional abuse and violence directed 

at children and violence that is directed 

to an adult but to which children in the 

family are exposed. 

(J) Facilitate the abuser’s 

acknowledgment of responsibility for 

abusive actions and consequences of 

actions. Although the abuser’s history of 

victimization should be addressed in 

treatment, it should never take 

precedence over his or her 

responsibility to be accountable for his 

or her abusive and/or violent behavior, 

or be used as an excuse, rationalization, 

or distraction from being held so 

accountable. 

(K) Identify and confront the abuser’s 

issues of power and control and the use 

of power and control against victims. 

(L) Educate the abuser on the impact 

of substance abuse and its correlation to 

violence and domestic abuse. 

(iv) These factors should inform 

treatment planning: 

(A) Special objectives for female 

abusers. Findings from research and 

clinical experience indicate that clinical 

treatment based solely on analyses of 

male power and control may not be 

applicable to female domestic abusers. 

Clinical approaches must give special 

attention to the motivation and context 

for use of violence and to self-identified 

previous traumatic experiences. 

(B) Special Strategies for Grieving 

Abusers. When grief and loss issues 

have been identified in the clinical 

assessment or during treatment, the 

clinician will incorporate strategies for 

addressing grief and loss into the 

treatment plan. This is especially 

important if a victim has decided to end 

a relationship with a domestic abuser 

because of the abuse. 

(1) Abusers with significant 

attachment issues who are facing the 

end of a relationship with a victim are 

more likely to use lethal violence 

against the victim and children in the 

family. This is exemplified by the 

statement: ‘‘If I can’t have you no one 

else can have you.’’ 

(2) They are also more likely to 

attempt suicide. This is exemplified by 

the statement: ‘‘Life without you is not 

worth living.’’ 

(C) Co-Occurrence of substance abuse. 

The coordinated community 

management of risk is made more 


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difficult when the person committing 

domestic abuse also abuses alcohol or 

other substances. When the person 

committing domestic abuse also abuses 

alcohol or other substances: 

(1) Treatment for domestic abuse will 

be coordinated with the treatment for 

substance abuse and information shared 

between the treatment providers in 

accordance with applicable laws, 

regulations, and policies. 

(2) Special consideration will be given 

to integrating the two treatment 

programs or providing them at the same 

time. 

(3) Information about the abuser’s 

progress in the respective treatment 

programs will be shared between the 

treatment providers. Providing separate 

treatment approaches with no 

communication between the treatment 

providers complicates the community’s 

management of risk. 

(D) Co-occurrence of child abuse. 

When a domestic abuser has allegedly 

committed child abuse, the clinician 

will: 

(1) Notify the appropriate law 

enforcement agency and other civilian 

agencies as appropriate in accordance 

with 42 U.S.C. 13031. 

(2) Notify the appropriate child 

protective services agency and the FAP 

supervisor to ascertain if a FAP child 

abuse case should be opened in 

accordance with DoD Instruction 

6400.06 and 42 U.S.C. 5106g. 

(3) Address the impact of such abuse 

of the child(ren) as a part of the 

domestic abuser clinical treatment. 

(4) Seek to improve the abuser’s 

parenting skills if appropriate in 

conjunction with other skills. 

(5) Continuously assess the abuser as 

a parent or caretaker as appropriate 

throughout the treatment process. 

(6) Address the impact of the abuser’s 

domestic abuse directed against the 

victim upon children in the home as a 

part of the domestic abuser clinical 

treatment. 

(E) Occurrence of sexual abuse within 

the context of domestic abuse. Although 

sexual abuse is a subset of domestic 

abuse, victims may not recognize that 

sexual abuse can occur in the context of 

a marital or intimate partner 

relationship. Clinicians should employ 

specific assessment strategies to identify 

the presence of sexual abuse within the 

context of domestic abuse. 

(F) Deployment. Deployment of an 

active duty Service member who is a 

domestic abuser is a complicating factor 

for treatment delivery. 

(1) A Service member who is 

scheduled to deploy in the near future 

may be highly stressed and therefore at 

risk for using poor conflict management 

skills. 

(2) While on deployment, a Service 

member is unlikely to receive clinical 

treatment for the abuse due to mission 

requirements and unavailability of such 

treatment. 

(3) A deployed Service member 

reported to FAP as a domestic abuser 

may return from deployment early for 

military disciplinary or civilian legal 

procedures, for R&R, or if clinical 

conditions warrant early return from 

deployment for treatment not otherwise 

available at the deployed location and if 

the commander feels early return is 

necessary under the circumstances. The 

home station command and installation 

FAP must be notified in advance of the 

early return of a deployed Service 

member with an open FAP case, unless 

operational security prevents disclosure, 

so that the risk to the victim can be 

assessed and managed. 

(4) A Service member who is 

deployed in a combat operation or in an 

operation in which significant traumatic 

events occur may be at a higher risk of 

committing domestic abuse upon return. 

(5) The Service member may receive 

head injuries. Studies indicate that such 

an injury increases the risk of 

personality changes, including a 

lowered ability to tolerate frustration, 

poor impulse control, and an increased 

risk of using violence in situations of 

personal conflict. If the Service member 

has a history of a head injury prior to 

or during deployment, the clinician 

should ascertain whether the Service 

member received a medical assessment, 

was prescribed appropriate medication, 

or is undergoing current treatment. 

(6) The Service member may suffer 

from depression prior to, during, or after 

deployment and may be at risk for posttraumatic stress disorder. Studies 

indicate that males who are depressed 

are at higher risk of using violence in 

their personal relationships. If the 

Service member presents symptoms of 

depression, the clinician should 

ascertain whether the Service member 

has received a medical assessment, was 

prescribed appropriate medication, or is 

undergoing current treatment. 

(3) Treatment modalities. Clinical 

treatment may be provided in one or 

more of these modalities as appropriate 

to the situation: 

(i) Group therapy. Group therapy is 

the preferred mode of treatment for 

domestic abusers because it applies the 

concept of problem universality and 

offers opportunities for members to 

support one another and learn from 

other group members’ experiences. 

(A) The decision to assign an 

individual to group treatment is initially 

accomplished during the clinical 

assessment process; however, the group 

facilitator(s) should assess the 

appropriateness of group treatment for 

each individual on an ongoing basis. 

(B) The most manageable maximum 

number of participants for a domestic 

abuser treatment group with one or two 

facilitators is 12. 

(C) A domestic abuser treatment 

group may be restricted to one sex or 

open to both sexes. When developing a 

curriculum or clinical treatment agenda 

for a group that includes both sexes, the 

clinician should consider that the 

situations in paragraphs (d)(3)(i)(C)(1) 

through (d)(3)(i)(C)(3) are more likely to 

occur in a group that includes both 

sexes. 

(1) Treatment-disruptive events such 

as sexual affairs or emotional coupling. 

(2) Jealousy on the part of the nonparticipant victim. 

(3) Intimidation of participants whose 

sex is in the minority within the group. 

(D) A group may have one or two 

facilitators; if there are two facilitators, 

they may be of the same or both sexes. 

(ii) Individual treatment. In lieu of 

using a group modality, approaches may 

be applied in individual treatment if the 

number of domestic abusers at the 

installation entering treatment is too 

small to create a group. 

(iii) Conjoint treatment with 

substance abusers. When small numbers 

of both domestic abusers and substance 

abusers make separate treatment groups 

impractical, therapists should consider 

combining abusers into the same group 

because co-occurrence of domestic 

abuse and substance abuse has been 

documented in scientific literature and 

the content for clinical treatment of 

domestic abuse and substance abuse is 

very similar. When domestic abusers 

and substance abusers are combined 

into the same group, the facilitator(s) 

must be certified in substance abuse 

treatment as well as meeting the 

conditions in paragraph (e) of this 

section. 

(iv) Conjoint treatment of victim and 

abuser. Domestic abuse in a relationship 

may be low-level in severity and 

frequency and without a pervasive 

pattern of coercive control. 

(A) Limitations on Use. Conjoint 

treatment may be considered in such 

cases where the abuser and victim are 

treated together, but only if all of these 

conditions are met: 

(1) Each of the parties separately and 

voluntarily indicates a desire for this 

approach. 

(2) Any abuse, especially any 

violence, was infrequent, not severe, 

and not intended or likely to cause 

severe injury. 


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(3) The risk of future violence is 

periodically assessed as low. 

(4) Each party agrees to follow safety 

guidelines recommended by the 

clinician. 

(5) The clinician: 

(i) Has the knowledge, skills, and 

abilities to provide conjoint treatment 

therapy as well as treat domestic abuse. 

(ii) Fully understands the level of 

abuse and violence and specifically 

addresses these issues. 

(iii) Takes appropriate measures to 

ensure the safety of all parties, 

including regular monitoring of the 

victim and abuser, using all relevant 

sources of information. The clinician 

will take particular care to ensure that 

the victim participates voluntarily and 

without fear and is contacted frequently 

to ensure that violence has not recurred. 

(B) Contra-indications. Conjoint 

treatment will be suspended or 

discontinued if monitoring indicates an 

increase in the risk for abuse or 

violence. Conjoint treatment will not be 

used if one or more of these factors are 

present: 

(1) The abuser: 

(i) Has a history or pattern of violent 

behavior and/or of committing severe 

abuse. 

(ii) Lacks a credible commitment or 

ability to maintain the safety of the 

victim or any third parties. For example, 

the abuser refuses to surrender personal 

firearms, ammunition, and other 

weapons. 

(2) Either the victim or the abuser or 

both: 

(i) Participates under threat, coercion, 

duress, intimidation, or censure, and/or 

otherwise participates against his or her 

will. 

(ii) Has a substance abuse problem 

that would preclude him or her from 

substantially benefiting from conjoint 

treatment. 

(iii) Has one or more significant 

mental health issues (e.g., untreated 

mood disorder or personality disorder) 

that would preclude him or her from 

substantially benefiting from conjoint 

treatment. 

(v) Couple’s meetings. Periodic case 

management meetings with the couple, 

as opposed to the ongoing conjoint 

therapy of a single victim and abuser, 

may be used only after the clinician (or 

clinicians) has made plans to ensure the 

safety of the victim. All couples 

meetings must be structured and cofacilitated by the clinician(s) providing 

treatment to the abusers and support for 

the victims to ensure support and 

protection for the victims. 

(4) Treatment contract. Properly 

informing the abuser of the treatment 

rules is a condition for treating 

violations as a risk management issue. 

The clinician will prepare and discuss 

with the abuser an agreement between 

them that will serve as a treatment 

contract. The agreement will be in 

writing and the clinician will provide a 

copy to the abuser and retain a copy in 

the treatment record. The contract will 

include: 

(i) Goals. Specific abuser treatment 

goals, as identified in the treatment 

plan. 

(ii) Time and attendance 

requirements. The frequency and 

duration of treatment and the number of 

absences permitted. 

(A) Clinicians may follow applicable 

State standards specifying the duration 

of treatment as a benchmark unless 

otherwise indicated. 

(B) An abuser may not be considered 

to have successfully completed clinical 

treatment unless he or she has 

completed the total number of required 

sessions. An abuser may not miss more 

than 10 percent of the total number of 

required sessions. On a case-by-case 

basis, the facilitator should determine 

whether significant curriculum content 

has been missed and make-up sessions 

are required. 

(iii) Crisis plan. A response plan for 

abuser crisis situations (information on 

referral services for 24-hour emergency 

calls and walk-in treatment when in 

crisis). 

(iv) Abuser responsibilities. The 

abuser must agree to: 

(A) Abstain from all forms of domestic 

abuse. 

(B) Accept responsibility for previous 

abusive and violent behavior. 

(C) Abstain from purchasing or 

possessing personal firearms or 

ammunition. 

(D) Talk openly and process personal 

feelings. 

(E) Provide financial support to his or 

her spouse and children per the terms 

of an agreement with the spouse or 

court order. 

(F) Treat group members, facilitators, 

and clinicians with respect. 

(G) Contact the facilitator prior to the 

session when unable to attend a 

treatment session. 

(H) Comply with the rules concerning 

the frequency and duration of treatment, 

and the number of absences permitted. 

(v) Consequences of treatment 

contract violations. Violation of any of 

the terms of the abuser contract may 

lead to termination of the abuser’s 

participation in the clinical treatment 

program. 

(A) Violations of the abuser contract 

may include, but are not limited to: 

(1) Subsequent incidents of abuse. 

(2) Unexcused absences from more 

than 10 percent of the total number of 

required sessions. 

(3) Statements or behaviors of the 

abuser that show signs of imminent 

danger to the victim. 

(4) Behaviors of the abuser that are 

escalating in severity and may lead to 

violence. 

(5) Non-compliance with co-occurring 

treatment programs that are included in 

the treatment contract. 

(B) If the abuser violates any of the 

terms of the abuser contract, the 

clinician or facilitator may terminate the 

abuser from the treatment program; 

notify the command, civilian criminal 

justice agency, and/or civilian court as 

appropriate; and notify the victim if 

contact will not endanger the victim. 

(C) The command should take any 

action it deems appropriate when 

notified that the abuser’s treatment has 

been terminated due to a contract 

violation. 

(vi) Conditions of information 

disclosure. The circumstances and 

procedures, in accordance with 

applicable laws, regulations, and 

policies, under which information may 

be disclosed to the victim and to any 

court with jurisdiction. 

(A) Past, present, and future acts and 

threats of child abuse or neglect will be 

reported to the member’s commander; 

child protective services, when 

appropriate; and the appropriate 

military and/or civilian law 

enforcement agency in accordance with 

applicable laws, regulations, and 

policies. 

(B) Recent and future acts and threats 

of domestic abuse will be reported to 

the member’s commander, the 

appropriate military and/or civilian law 

enforcement agency, and the potential 

victim in accordance with applicable 

laws, regulations, and policies. 

(vii) Complaints. The procedures 

according to which the abuser may 

complain regarding the clinician or the 

treatment. 

(5) Treatment outside the FAP. If the 

abuser’s treatment is provided by a 

clinician outside the FAP, the FAP 

clinical service provider will follow 

procedures in accordance with relevant 

laws, regulations, and policies regarding 

the confidentiality and disclosure of 

information. FAP may not close an open 

FAP case as resolved if the abuser does 

not consent to release of information 

from the outside provider confirming 

goal achievement, treatment progress, or 

risk reduction. 

(6) Criteria for evaluating treatment 

progress and risk reduction. The FAP 

clinical service provider will assess 

progress in treatment and reduction of 


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risk consistent with subpart B of this 

part. If a risk factor is not addressed 

within the FAP but is being addressed 

by a secondary clinical service provider, 

the FAP clinical service provider will 

ascertain the treatment progress or 

results in consultation with the 

secondary clinical service provider. 

Treatment progress should be assessed 

periodically using numerous sources, 

especially, but not limited to, the 

victim. In making contact with the 

victim and in using the information, 

promoting victim safety is the priority. 

Progress in clinical treatment and risk 

reduction is indicated by a combination 

of: 

(i) Abuser behaviors and attitudes. An 

abuser is demonstrating progress in 

treatment when, among other indicators, 

he or she: 

(A) Demonstrates the ability for selfmonitoring and assessment of his or her 

behavior. 

(B) Is able to develop a relapse 

prevention plan. 

(C) Is able to monitor signs of 

potential relapse. 

(D) Has completed all treatment 

recommendations. 

(ii) Information from the victim and 

other relevant sources. The abuser is 

demonstrating progress in treatment 

when the victim and other relevant 

sources of information state any one or 

combination of the following: That the 

abuser has: 

(A) Ceased all domestic abuse. 

(B) Reduced the frequency of nonviolent abusive behavior. 

(C) Reduced the severity of nonviolent abusive behavior. 

(D) Delayed the onset of abusive 

behavior. 

(E) Demonstrated the use of improved 

relationship skills. 

(iii) Reduced ratings on risk 

assessment variables that are subject to 

change. The abuser has successfully 

reduced risk when the assessment of his 

or her risk is rated at the level the 

Military Service has selected for case 

closure. 

(e) Personnel qualifications—(1) 

Minimum qualifications. All personnel 

who conduct clinical assessments of 

and provide clinical treatment to 

domestic abusers must have these 

minimum qualifications: 

(i) A master’s or doctoral-level human 

service and/or mental health 

professional degree from an accredited 

university or college. 

(ii) The highest license in a State or 

clinical license in good standing in a 

State that authorizes independent 

clinical practice. 

(iii) 1 year of experience in domestic 

abuse and child abuse counseling or 

treatment. 

(2) Additional training. All personnel 

who conduct clinical assessments of 

and/or provide clinical treatment to 

domestic abusers must undergo this 

additional training: 

(i) Within 6 months of employment, 

orientation into the military culture. 

This includes training in the Service 

rank structures and military protocol. 

(ii) A minimum of 15 hours of 

continuing education units within every 

2 years that are relevant to domestic 

abuse and child abuse. This includes, 

but is not limited to, continuing 

education in interviewing adult victims 

of domestic abuse, children, and 

domestic abusers, and conducting 

treatment groups. 

(iii) Service FAP Managers must 

develop policies and procedures for 

continued education with clinical skills 

training that validates clinical 

competence, and not rely solely on 

didactic or computer disseminated 

training to meet continuing education 

requirements. 

(f) QA—(1) QA procedures. The FAP 

Manager must ensure that clinical 

intervention undergoes these QA 

procedures: 

(i) A quarterly peer review of a 

minimum of 10 percent of open clinical 

records that includes procedures for 

addressing any deficiencies with a 

corrective action plan 

(ii) A quarterly administrative audit of 

a minimum of 10 percent of open 

records that includes procedures for 

addressing any deficiencies with a 

corrective action plan. 

(2) FAC responsibilities. The 

installation FAC will analyze trends in 

risk management, develop appropriate 

agreements and community programs 

with relevant civilian agencies, promote 

military interagency collaboration, and 

monitor the implementation of such 

agreements and programs on a regular 

basis consistent with subpart B of this 

part. 

(3) Evaluation and accreditation 

review. The installation domestic abuse 

treatment program will undergo 

evaluation and/or accreditation every 4 

years, including an evaluation and/or 

accreditation of its coordinated 

community risk management program 

consistent with subpart B of this part. 

Dated: February 25, 2015. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2015–04310 Filed 3–3–15; 8:45 am] 

BILLING CODE 5001–06–P 


asabaliauskas on DSK5VPTVN1PROD with RULES