SUPPLEMENTARY INFORMATION:

I. Background

The Family Advocacy Program (FAP) is the Department's program designated to address child abuse and neglect, domestic abuse and problematic sexual behavior in children and youth. FAP directly provides or coordinates a range of services for individuals and families to prevent and respond to child abuse and neglect and domestic abuse. FAP's top priority is safety for individuals and families in the military community who may be at risk for, or are experiencing, abuse.

This system of records covers records on incidences of child abuse/neglect and domestic abuse. Records maintained within the system will be used to facilitate uniform identification, monitoring, and tracking cases of child abuse/neglect and domestic abuse, including provision of services to victims and any investigations and actions taken against subjects. Records will also be used to support the analysis and enhancement of response and prevention efforts across the Department.

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 doc.defense.gov/​ ( printed page 61220) 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:

Abuse Incident Reporting System, DPR 49.

SECURITY CLASSIFICATION:

Unclassified.

SYSTEM LOCATION:

Department of Defense (Department or DoD), located at 1000 Defense Pentagon, Washington, DC 20301-1000, and other Department installations, offices, or mission locations. Information may also be stored within a government-certified cloud, implemented and overseen by the Department's Chief Information Officer (CIO), 6000 Defense Pentagon, Washington, DC 20301-6000.

SYSTEM MANAGER(S):

Office of the Under Secretary of Defense for Personnel and Readiness (USD/P&R), Deputy Assistant Secretary of Defense (DASD) for Military Community and Family Policy (MC&FP), 4800 Mark Center Drive, Suite 06G18, Alexandria, VA 22350-2300, email: osd.mc-alex.ousd-p-r.mbx.mcad@mail.mil.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

10 U.S.C. 136, Under Secretary of Defense for Personnel and Readiness; 10 U.S.C. 1562, Database on Domestic Violence Incidents; DoD Instruction (DoDI) 1030.02, Victim and Witness Assistance; DoDI 6400.01, Family Advocacy Program; DoDI 6400.06, DoD Coordinated Community Response to Domestic Abuse Involving DoD Military and Certain Affiliated Personnel; DoD Manual (DoDM) 6400.01 V2, Family Advocacy Program (FAP): Child Abuse and Domestic Abuse Incident Reporting System.

PURPOSE(S) OF THE SYSTEM:

A. To facilitate uniform identification, monitoring, and tracking cases of child abuse/neglect and domestic abuse, including provision of services to victims and case disposition.

B. To analyze the scope of abuse/neglect, types of abuse/neglect, and information about victims and alleged abusers to identify emerging trends and develop changes in policy to address child abuse/neglect and domestic abuse.

C. To support the management of prevention and response programs to manage and reduce the incidence of abuse/neglect throughout the military communities, including determination of budgetary requirements.

D. To facilitate reports to Congress on reports of child abuse/neglect and domestic abuse involving members of the Armed Forces and other military affiliated individuals.

E. To facilitate collaboration and coordination among law enforcement, legal counsel, community resources, civilian authorities, child protection agencies, unit commanders, and preventive services.

F. Records may also be used as a management tool for statistical analysis, tracking, reporting, evaluating program effectiveness, conducting research and surveys, and case and business management. De-identified data may also be used to respond to mandated reporting requirements.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Eligible military members and their dependents, National Guard and Reserve members who are victims of domestic abuse when performing in active service in accordance with Sections 101(d)(3) and 101(d)(5) of Title 10, U.S.C., intimate partners of military members, children of intimate partners, and other DoD affiliated personnel.

CATEGORIES OF RECORDS IN THE SYSTEM:

A. Personal information to include name, DoD ID number, FAP case number, date of birth, affiliation (Service member, DoD employee, civilian, or foreign national), personal/work phone, email, and address, military status (active or guard/reserve), military service, grade/rank, sex, ethnicity, race, and age at time of incident.

B. Alleged subject information may also include relationship to victim, prior reports of child abuse/neglect or domestic abuse, disposition type (charges preferred to court-martial, charges brought to non-judicial punishment/article 15, administrative separation, adverse administrative action, referred for counseling/treatment), disposition date, resources provided ( e.g., behavioral health, chaplain/spiritual care, etc.), results of non-judicial punishment and administrative separations, and description of other administrative actions (counseling, admonishment, or reprimand).

C. Other incident information collected to support case and business management to include date of incident, fatality occurrence, reporting service and installation, safety/danger assessment dates and scores, abuse maltreatment type (physical, neglect, emotional, or sexual, incident description, and reporting command information (name, rank, position, email, and phone number).

D. Law enforcement information to include investigative case number, incident location ( e.g., on or off installation), investigating organization (Military Criminal Investigative Organizations, installation law enforcement, civilian law enforcement), alcohol and weapons involvement, and military or civilian protective order issuance.

E. Legal information to include legal office assigned, legal consultant information (name, rank, and position), date of legal consultation, offenses under review, charges preferred/referred to court-martial, article 32 hearing details, result of court martial or separation in lieu of trial, characterization of service, and conviction and sentencing status.

F. Child protective services (CPS) information to include case number, date of report, location (county/state), worker name, and disposition.

RECORD SOURCE CATEGORIES:

Records and information stored in this system of records are obtained from the individual, educational institutions, medical institutions, police and investigating officers, state and local government agencies, witnesses, and records and reports prepared on behalf of the Department by boards, committees, panels, auditors, etc. Information may also derive from interviews, personal history statements, and observations of behavior by professional persons ( i.e., social workers, physicians, including psychiatrists and pediatricians, psychologists, nurses, and lawyers).

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 ( printed page 61221) 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 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 departments and agencies of the Executive Branch of government in performance of their official duties relating to coordination of family advocacy programs, medical care, and research concerning child abuse and neglect, and spouse/intimate partner abuse.

L. To Federal, State, or local governmental agencies when it is deemed appropriate to use civilian resources in counseling and treating individuals or families involved in child abuse/neglect or domestic abuse; or when appropriate or necessary to refer a case to civilian authorities for civil or criminal law enforcement; or when a state, county, or municipal child protective service agency inquirers about a prior record of substantiated abuse for the purpose of investigating a suspected case of abuse.

M. To victims and witnesses of a crime for purposes of providing information consistent with the requirements of the Victim and Witness Assistance Program, regarding the investigation and disposition of an offense.

N. To permit the disclosure of records of closed cases of Unrestricted Reports to the Department of Veterans Affairs (DVA) for the purpose of providing mental health and medical care to former Service members and retirees, to determine eligibility for or entitlement to benefits, and to facilitate collaborative research activities between the DoD and DVA.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:

Records may be stored electronically or on paper in secure facilities in a locked drawer behind a locked door. Electronic records may be stored locally on digital media; in agency-owned cloud environments; or in vendor Cloud Service Offerings certified under the Federal Risk and Authorization Management Program (FedRAMP).

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:

Records may be retrieved by name and DoD ID number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:

Temporary. Cut off after the end of the calendar year in which the case disposition and review is complete. Destroy 25 years after cutoff.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:

DoD safeguards records in this system of records according to applicable rules, policies, and procedures, including all applicable DoD automated systems security and access policies. DoD administrative safeguards include policies requiring the use of controls to minimize the risk of compromise of personally identifiable information (PII) in paper and electronic form and restrict access to those individuals who have a need-to-know and appropriate clearances. Additionally, DoD has established security audit and accountability policies and procedures which support the safeguarding of PII and detection of incidents involving PII (breaches). DoD also employs administrative controls including mandatory cyber assurance and privacy training for individuals who will have access; identification, marking, and safeguarding of PII. Personnel, including contractors, must pass a background investigation and receive a security clearance, when necessary. Personnel must also sign nondisclosure documents. DoD routinely employs technical safeguards such as the following: multifactor authentication including presentation of a Common Access Card (CAC) and password; and use of a physical token. Other technological controls are employed such as network encryption to protect data transmitted over the network; disk encryption securing disks storing data; key management services to safeguard encryption keys; masking of sensitive data as practicable; detection and electronic alert systems for access to servers and other network infrastructure; and electronic intrusion detection systems in DoD facilities. Computerized records in a controlled area accessible only to authorized personnel. Records are maintained in a controlled facility and physical entry is restricted by the use of locks, guards, and is accessible only to authorized personnel. Physical and electronic ( printed page 61222) access is restricted to designated individuals having a need for access in the performance of official duties and who are properly screened and cleared for need-to-know.

RECORD ACCESS PROCEDURES:

Individuals seeking access to their records should follow the procedures in 32 CFR part 310. Individuals should address written inquiries to the DoD component with oversight of the records, as the component has Privacy Act responsibilities concerning access, amendment, and disclosure of the records within this system of records. The public may identify the contact information for the appropriate DoD office through the following website: www.FOIA.gov. Signed written requests should contain the name and number of this system of records notice along with the full name, current address, and email address of the individual. 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:

None.

HISTORY:

None.

91 FR 61219