SUPPLEMENTARY INFORMATION:

I. Background

The DON provides a comprehensive range of high-quality, affordable childcare and youth services for ( printed page 60947) dependents of eligible military and DoD civilian personnel. The program is designed to support the operational readiness of the force by ensuring that dependents are in a safe, healthy, and nurturing environment, thereby enabling service members and civilian employees to focus on their respective missions. Services are delivered through a variety of platforms, including Child Development Centers (CDCs), Family Child Care (FCC) homes, School-Age Care (SAC), and Youth Programs, which collectively cater to children from six weeks to eighteen years of age. The DON utilizes an online application and data management system to support the Child and Youth Program (CYP) mission. This system is essential to managing key programmatic functions, such as determining and verifying child and family for services, tracking health and immunization information to ensure the safety and well-being of all participants, and ensuring the program is responsive to the needs of the children and families it serves. Subject to public comment, the DoD proposes to update this SORN to add the standard DoD routine uses (routine uses A through J). Additionally, the following sections of this SORN are being modified: (1) the System Location section to reflect changes in the in the physical storage location of the system records; (2) the System Manager section to update the titles, contact information, and specific offices of the system managers; (3) the Authority Section to incorporate newly enacted statutory or regulatory authorities that authorize this system; (4) the Purpose section to expand the operational scope of the system; (5) the Categories of Individuals Covered by the System section to expand the individuals covered; (6) the Categories of Records to remove the SSN, and to clarify how the records relate to the revised Category of Individuals; (7) the Policies and Practice for Retrieval of Records eliminate the use of Social Security Numbers (SSNs) for record retrieval by transitioning to DoD ID and DoD Benefits numbers; (8) the Retention and Disposal section to reflect the approved disposition; (9) the Administrative, Technical, and Physical Safeguards to update the safeguards protecting personal information; (10) the Record Access Procedures section to identify the appropriate component to which a request for should be directed; (11) the Record Source Categories to clarify record sources, (12) the Contesting and the Notification Procedures sections to update the appropriate citation for notifications; and (13) the Exemption section to update and clarify the specific regulatory language and statutory provisions that govern system exemptions.

DoD SORNs are published in the Federal Register and are available from the address in FOR FURTHER INFORMATION CONTACT or at the Oversight and Compliance Directorate, Privacy and Civil Liberties Division website at pclt.defense.gov/​DIRECTORATES/​Privacy-and-Civil-Liberties-Directorate/​Privacy/​SORNs.

II. Privacy Act

Under the Privacy Act, a “system of records” is a group of records under the control of an agency from which information is retrieved by the name of an individual or by some identifying number, symbol, or other identifying particular assigned to the individual. In the Privacy Act, an individual is defined as a U.S. citizen or lawful permanent resident.

In accordance with 5 U.S.C. 552a(r) and Office of Management and Budget (OMB) Circular No. A-108, DoD has provided a report of this system of records to the OMB and to Congress.

SYSTEM NAME AND NUMBER:

DON Child and Youth Program, NM01754-3.

SECURITY CLASSIFICATION:

Unclassified.

SYSTEM LOCATION:

Navy and Marine Corps Child and Youth Program or Family Service Centers are located at various installations both in CONUS and overseas. Official mailing addresses are published in public.militarychildcare.csd.disa.mil/​.

SYSTEM MANAGERS:

A. Policy and Compliance Manager, Navy Installations Command, 716 Sicard Street, SE, Suite 1000, Washington Navy Yard, D.C. 20374-5140.

B. Program Manager, Child and Youth Programs (CYP), U.S. Marine Corps, Manpower and Reserve Affairs, Marine and Family Programs Division, 3280 Russell Road, MCB Quantico, VA 22134-5009.

C. Secondary Managers: Navy and Marine Corps CYP Directors located at various installations both in CONUS and overseas manage paper records on-site.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

10 U.S.C. 8013, Secretary of the Navy; 10 U.S.C. 8043, Headquarters, Marine Corps; DoD Instruction (DoDI) 6060.2, Child Development Programs (CDPS); DoDI 6060.4, Youth Services (YS) Policy; DoD Instruction (DoDI) 6025-18, Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule Compliance in DoD Health Care Programs; OPNAV Instruction 1700.9 series, Child and Youth Programs; Marine Corps Order P1710.30E, Children, Youth, and Teen Program (CYTP).

Purpose(s) of the System: The purpose of this system of records is to effectively administer the DoD CYP to meet the needs of service members and their families. Specifically, information in this system is used to:

A. Determine eligibility and priority for services and manage enrollment.

B. Ensure the health, safety, and proper development of each child by verifying health status and immunizations.

C. Calculate and administer program fees in accordance with DoD's sliding scale fee policy.

D. Support program administration and operational requirements, such as ensuring proper staffing.

E. Meet required statistical reporting obligations for demographic data, including race and ethnicity.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Any member of the Armed Forces or DoD personnel receiving services under the Navy Child and Youth Program or the Marine Corps Children, Youth, and Teen Program. These members include families (sponsor, spouse, children, emergency contacts), staff, contractors, volunteers, Family Child Care (FCC) Providers and Household Family Members.

CATEGORIES OF RECORDS IN THE SYSTEM:

A. Personal information includes first and last name; DoD ID number; home and work address; telephone numbers; email addresses; and emergency contact information. Sex, date and place of birth, race, ethnicity, marital status, relationship ( e.g., sponsor-to-child), and pictures. Medical information, which may include health status, special needs, required accommodations, immunization dates, and medical waivers. Families (Sponsor, Spouse, Children) information includes, service, rank & military status, employer command name, and spouse's work status, Total Family Income (TFI), child-specific information includes school attending and grade level, and children's developmental profiles. ( printed page 60948)

B. Staff professional information includes educational references, prior work experience, and training records.

C. Contractors, Volunteers, Family Child Care (FCC) Providers & Household Family Members professional and performance information includes employment history, education records, and performance ratings. Provider website URL, provider program type, records related to fire and safety reports, housing and environmental health inspections, payment records, Child Development Center and Family Child Care insurance coverage, base security checks, and information from Federal, State, and local agencies related to screening. License Information (State, Number, Issue Date) and Accreditation Information (Accrediting Body, Expiration).

Note: This system of records contains individually identifiable health information. The Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule Compliance in DoD Health Care Programs (DoDI 6025.18) issued pursuant to the Health Insurance Portability and Accountability Act of 1996, applies to most such health information. DoDI 6025.18 may place additional procedural requirements on the uses and disclosures of such information beyond those found in the Privacy Act of 1974 or mentioned in this system of records notice.

RECORD SOURCE CATEGORIES:

Records and information stored in this system are obtained from sponsors seeking program services and/or applying as child care providers or as participants of the child development homes; background checks from federal, state and local authorities or Naval Criminal Investigative Service; housing officers; information obtained from the Family Advocacy Program records; base security officers; base fire, safety and health officers; local family child care monitors and parents of children enrolled; health care providers, employers, and others providing information identified in the categories of records in the system.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES:

In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974, as amended, all or a portion of the records or information contained herein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:

A. To contractors, grantees, experts, consultants, students, and others performing or working on a contract, service, grant, cooperative agreement, or other assignment for the Federal Government when necessary to accomplish an agency function related to this system of records.

B. To the appropriate Federal, State, local, territorial, tribal, foreign, or international law enforcement authority or other appropriate entity where a record, either alone or in conjunction with other information, indicates a violation or potential violation of law, whether criminal, civil, or regulatory in nature.

C. To any component of the Department of Justice for the purpose of representing the DoD, or its components, officers, employees, or members in pending or potential litigation to which the record is relevant and necessary.

D. In an appropriate proceeding before a court, grand jury, or administrative or adjudicative body or official, when the DoD or other Agency representing the DoD determines that the records are relevant and necessary to the proceeding; or in an appropriate proceeding before an administrative or adjudicative body when the adjudicator determines the records to be relevant to the proceeding.

E. To the National Archives and Records Administration (NARA) for the purpose of records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.

F. To a Member of Congress or staff acting upon the Member's behalf when the Member or staff requests the information on behalf of, and at the request of, the individual who is the subject of the record.

G. To appropriate agencies, entities, and persons when (1) the DoD suspects or confirms a breach of the system of records; (2) the DoD determines as a result of the suspected or confirmed breach there is a risk of harm to individuals, the DoD (including its information systems, programs, and operations), the Federal Government, or national security; and (3) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with the DoD's efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.

H. To another Federal agency or Federal entity, when the DoD determines that information from this system of records is reasonably necessary to assist the recipient agency or entity in (1) responding to a suspected or confirmed breach or (2) preventing, minimizing, or remedying the risk of harm to individuals, the recipient agency or entity (including its information systems, programs and operations), the Federal Government, or national security, resulting from a suspected or confirmed breach.

I. To another Federal, State or local agency, in coordination with an Office of Inspector General, for the purpose of conducting an audit, investigation, inspection, evaluation, or other review as authorized by the Inspector General Act of 1978, as amended.

J. To such recipients and under such circumstances and procedures as are mandated by Federal statute or treaty.

K. To local, State and Federal officials involved in Child Care Services, if required, in the performance of their official duties relating to child abuse reporting and investigations.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:

Records are maintained in paper and electronic storage media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:

Records may be retrieved by last name of the individual covered by the system, DoD ID Number, and DoD Benefits Number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:

Records are kept and destroyed 3 years after the individual is no longer in/eligible for the Child Development Program or leaves the installation CYP No records are destroyed for an active patron or provider. Records may be kept longer if there is an active legal investigation.

Records are destroyed by burning, shredding, macerating, pulping, degaussing, erasing or other appropriate means.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:

Physical access to terminals, terminal rooms, buildings, activities grounds are controlled by locked terminals and rooms outside of regular working hours. Computer facilities and terminals are in restricted areas accessible only to authorized persons. Child Youth Management Systems can be accessed by a combination of username and password, Common Access Card/Public Key Infrastructure to enable encryption and verification of user's identity to restrict user access to those authorized persons who have a need to know. Records are available to only those authorized persons who have a need to know and are kept in locked containers. DON Child and Youth Program consists ( printed page 60949) of web-based applications hosted on virtual servers on an approved DoD Information Network with applicable site-specific physical and environmental controls.

RECORD ACCESS PROCEDURES:

Individuals seeking access to their records should address written inquiries to the Navy or Marine Corps FOIA Requester Service Center, Office of Freedom of Information, www.jag.navy.mil/​foia/​. Signed written requests should contain the name and number of this system of records notice along with full name, current address, and email address of the individual. Must reasonably describe the records being requested, must state the category of the requester for fee purposes ( i.e., commercial, media, educational or other), must contain an agreement to pay all fees that might be incurred, must state whether a copy of the record is desired, or inspection of records only. In addition, the requester must provide either a notarized statement or an unsworn declaration made in accordance with 28 U.S.C. 1746, in the appropriate format:

If executed outside the United States: “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature).”

If executed within the United States, its territories, possessions, or commonwealths: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature).”

CONTESTING RECORD PROCEDURES:

Individuals seeking to amend or correct the content of records about them should follow the procedures in 32 CFR part 310.

NOTIFICATION PROCEDURES:

Individuals seeking to determine whether information about themselves is contained in this system of records should follow the instructions for Record Access Procedures above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:

The DoD has exempted records maintained in this system from 5 U.S.C. 552a(c)(3) and (4), (d)(1), (2), (3), and (4); (e)(1), (2) (3), (4)(G)-(I), (5), and (8); and (g) of the Privacy Act, pursuant to 5 U.S.C. 552a(k)(2) and (j)(2), as applicable. An exemption rule for this system has been promulgated in accordance with the requirements of 5 U.S.C. 553(b)(1), (2), and (3), and (c), and published in 32 CFR part 310. In addition, when exempt records received from other systems of records become part of this system, the DoD also claims the same exemptions for those records that are claimed for the prior systems of records from which they originated and claims any additional exemptions set forth here. For additional information contact the system manager.

HISTORY:

May 27, 2010, 75 FR 29728

91 FR 60946