SYSTEM NAME:
Family Advocacy Program System (April 28, 1999, 64 FR 22840)
SYSTEM LOCATION:
Navy Case Files Family Service Center, Family Advocacy Center, and/or Medical Treatment Facilities at the local naval activity that services the local beneficiaries. Official mailing addresses for naval activities are published as an appendix to the Department of the Navy's compilation of systems of records notices.
Marine Corps Family Advocacy Program Records Marine Corps installations with a Family Service Center. Official mailing addresses are published as an appendix to the Department of the Navy's compilation of records notices.
Navy Central Registry Navy Personnel Command (Pers-661), 5720 Integrity Drive, Millington, TN 38055-6610.
Marine Corps Central Registry Commandant of the Marine Corps; Head, Family Advocacy Program (MHF-25), Headquarters, U.S. Marine Corps, 2 Navy Annex, Washington, DC 20380-1775.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
All beneficiaries entitled to care at Navy medical and dental facilities whose abuse or neglect is brought to the attention of appropriate authorities.
All beneficiaries reported for abusing or neglecting such victims.
Victims/offenders not associated with the Department of the Navy and who are not generally entitled to care at Navy medical and dental facilities.
CATEGORIES OF RECORDS IN THE SYSTEM:
Navy Family Advocacy Case Files
(a) Victim's file consists of risk assessment which includes the following forms incident report, eligibility decision, demographics, safety assessment, safety response, risk focused assessment reports (DOMAINS I, II, IV, V, VI, VII), risk assessment matrix, risk assessment summary, risk assessment findings, intervention plan, and Case Review Committee presentation; video/audio tapes of contact with victim; case notes about victim; Family Advocacy Program generated correspondence regarding abuse or neglect of victim; Original copy of DD Form 2486; Privacy Act Statement signed by victim; contacts with children who are not victims of abuse or neglect, and other supporting data assembled relevant to the abuse or neglect and generated by FAP staff that are specific to the victim.
(b) Offender's file consists of assessment with offender; demographics; video-audio tapes of contacts with offender; case notes on contacts with offender; case notes about offender; risk focused assessment report DOMAIN III (alleged offender characteristics); Family Advocacy Program (FAP) generated correspondence regarding offender; Privacy Act Statement signed by offender; and other supporting data assembled relevant to the abuse or neglect and generated by the FAP staff that are specific to the offender.
(c) Documentation generated outside of the Family Advocacy Program (Naval Criminal Investigative Service reports; local police reports; Base Security Incident Complaint Reports; psychiatric and substance abuse evaluations; treatment reports; copies of pertinent medical entries; Child Protective Service reports; shelter reports; photographs; correspondence generated outside the Family Advocacy Program; and other supporting data assembled relevant to the abuse or neglect and generated outside the FAP that are specific to either the victim(s) or offender(s) (e.g., Military Protective Orders, barring letters, and civilian temporary restraining orders) are maintained in a separate folder and are retrieved by case number.
Marine Corps Program Family Advocacy Program Files
(a) Victim's file consists of client's fact sheet (demographics); Privacy Act Statement signed by victim; Limits of Privacy Statement signed by victim; initial assessment; CRC Case Assessment with risk assessment; audio/video tapes of contact with victim; safety plan; notes on collateral contacts about victim; case notes; CRC case status determination; CRC generated correspondence; Command's Case disposition and recommendation approval letter; original copy of DD Form 2486 and other relevant supporting data generated by the FAP staff that is specific to the victim.
(b) Offender's file consists of client's fact sheet (demographics); Privacy Act Statement signed by offender; Limits of Privacy Statement signed by offender; initial assessment; CRC Case Assessment; audio/video tapes of contacts with offender; case notes on collateral contacts regarding offender; case notes; CRC case status determination; CRC generated correspondence; Command's Case disposition and recommendation approval letter; copy of DD Form 2486 and other relevant supporting data generated by the FAP staff that is specific to the offender.
(c) Documentation generated outside of the Family Advocacy Program (Naval Criminal Investigative Service reports; local police reports; Base Security Incident Complaint Reports; psychiatric and substance abuse evaluations; treatment reports; copies of pertinent medical entries; Child Protective Service reports; shelter reports; photographs; correspondence generated outside the Family Advocacy Program; and other supporting data assembled relevant to the abuse or neglect and generated outside the FAP that are specific to either the victim(s) or offender(s) (e.g., Military Protective Orders, barring letters, and civilian temporary restraining orders) are maintained in a separate folder and are retrieved by case number.
Both the Navy and Marine Corps Central Registries contain data elements extracted from DD 2486, Child/Spouse Abuse Incident Report.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301, Departmental Regulations; DoD Directive 6400.1, 6400.1-M, 6400.2; Secretary of the Navy Instruction 1752.3A; OPNAVINST 1752.2A; BUMEDINST 6320.22; and MCO 1752.3B (FAP SOP); and E.O. 9397 (SSN).
PURPOSE(S):
To collect information pertaining to the identification, prevention, evaluation, intervention, treatment and rehabilitation of beneficiaries involved in abuse or neglect.
To provide pertinent case-related information to DoD and DON officials, other than Commanding Officers, responsible for specific case interventions in abuse and/or neglect incidents (e.g., clinical counselors providing counseling/treatment to victims and/or offenders, medical personnel providing medical treatment to victims and/or offenders).
To provide specific data on assessed risk, safety needs, case status, and recommended actions to commanding officers of FAP involved service members.
To provide case specific information to headquarters personnel for necessary review and oversight.
Purposes of the Central Registries To support local FAP case management to include tracking of individuals, identification of prior FAP involvement, and monitoring of caseloads.
To support FAP budget and staffing requirements and policy changes.
To support the Navy Personnel Command flagging and assignment control process for FAP involved service members.
To provide information in support of the 'Installation Records Check (IRC)' required by OPNAVINST 1700.9D for screening applicants for any position which involves the care and/or supervision of children.
To provide the Defense Manpower Data Center (DMDC) with data from the Navy Central Registry.
To support FAP research efforts.
To respond to public and/or other government agencies' requests for aggregate data.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows
To the Executive Branch of government in the performance of their official duties relating to the coordination of family advocacy programs, medical care, and research concerning family member abuse or neglect.
To federal, state or local government agencies when it is deemed appropriated to utilize civilian resources in the counseling and treatment of individuals or families involved in abuse or neglect or when it is deemed appropriate or necessary to refer a case to civilian authorities for civil or criminal law enforcement.
To contractors, private and public individuals/organizations for authorized health research in the interest of the federal government and the public. When not considered necessary, client identification data shall be eliminated from records used for research studies.
To officials and employees of federal, state, and local governments and agencies when required by law and/or regulation in furtherance of local communicable disease control, family abuse prevention programs, preventive medicine and safety programs, and other public health and welfare programs.
To officials and employees of local and state governments and agencies in the performance of their official duties relating to professional certification, licensing, and accreditation of health care providers.
To law enforcement officials to protect the life and welfare of third parties. This release will be limited to necessary information. Consultation with the hospital or regional judge advocate is advised.
The 'Blanket Routine Uses' that appear at the beginning of the Navy's compilation of systems notices also apply to this system.
NOTE Records of identity, diagnosis, prognosis or treatment of any patient which are maintained in connection with the performance of any program or activity relating to substance abuse education, prevention, training, treatment, rehabilitation, or research, which is conducted, regulated, or directly or indirectly assisted by any department or agency of the United States shall, except as provided in 42 U.S.C. 290dd-2, be confidential and be disclosed only for the purposes and under the circumstances expressly authorized in 42 U.S.C. 290dd-2. These statutes take precedence over the Privacy Act of 1974 in regard to accessibility of such records except to the individual to whom the record pertains. The 'Blanket Routine Uses' do not apply to these types of records.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records may be stored in file folders, microfilm, magnetic tape, machine lists, discs, and other computerized or machine readable media.
RETRIEVABILITY:
Victim's file is retrieved by name of victim, case number, their Social Security Number, and/or year of incident.
Alleged offender's file is retrieved by alleged offender's name, case number, their Social Security Number and/or year of incident.
Central registry data is retrieved by Social Security Number or any identifying data element on the DD Form 2486.
SAFEGUARDS:
These files are highly sensitive and must be protected from unauthorized disclosure. While records may be maintained in various kinds of filing equipment, specific emphasis is given to ensuring that the equipment areas are monitored or have controlled access. Access to records or information or the central registry is limited to those officials who have been properly screened and trained and/or have a need to know consistent with the purpose for which the information was collected. The threshold for 'need to know' is strictly limited to those officials who are responsible for the identification, prevention, evaluation, intervention, treatment and rehabilitation of beneficiaries involved in abuse or neglect. Also pertinent information is limited to DoD and DON officials responsible for intervening in abuse and/or neglect incidents.
Information maintained on a computer requires password protection. Computer terminals are located in supervised areas with access controlled system.
Family Advocacy Program Staff will ensure that the in-take assessment and clinical notes are not duplicated and placed in both the victim and alleged offender's files.
RETENTION AND DISPOSAL:
Family Advocacy Program case records are maintained at the activity 4 years after the last entry in the file. If there is no subsequent activity 4 years after closure, the records are transferred to the National Personnel Records Center, 9600 Page Boulevard, St. Louis, MO 63132-5100, where they are retained for 50 years and then destroyed.
Navy Central Registry data base is retained permanently at the Navy Personnel Command (Pers-661), 5720 Integrity Drive, Millington, TN 38055-6610.
Marine Corps Central Registry data is retained permanently by the Commandant of the Marine Corps (MHF-20), Headquarters. U.S. Marine Corps, 2 Navy Annex, Washington, DC 20380-1775.
SYSTEM MANAGER(S) AND ADDRESS:
Navy Central Registry Commander, Navy Personnel Command (Pers-661), 5720 Integrity Drive, Millington, TN 38055-6610.
Marine Corps Central Registry Commandant of the Marine Corps; Head, Family Advocacy Program (MHF-25), Headquarters, U.S. Marine Corps, 2 Navy Annex, Washington, DC 20380-1775.
Navy Centralized Child Sexual Abuse Case Files Chief of Naval Personnel (Pers-661), 2 Navy Annex, Washington, DC 20370-6610.
NOTIFICATION PROCEDURE:
Individuals seeking to determine whether this system of records contains information in the case files about themselves should address written inquiries to the commanding officer of the naval activity from which they received treatment. Official mailing addresses are published as an appendix to the Navy's compilation of systems of records.
Request should contain the full name and Social Security Number of the individual, and/or year of the incident.
Individuals seeking to determine whether this system of records contains information in the Navy Central Registry about themselves shall address written inquiries for Navy case to the Commander, Navy Personnel Command (Pers-661), 5720 Integrity Drive, Millington, TN 38055-6610.
For the Marine Corps Central Registry address written inquiries to the Commandant of the Marine Corps (MHF-25) Headquarters, U.S. Marine Corps, 2 Navy Annex, Washington, DC 20380-1775.
Requests should contain the full name and Social Security Number of the individual.
RECORD ACCESS PROCEDURES:
Individuals seeking to access records about themselves in the case files should address written inquiries to the commanding officer of the naval activity from which they received treatment. Official mailing addresses are published as an appendix to the Navy's compilation of systems of records.
Request should contain the full name and Social Security Number of the individual, and/or year of the incident.
Individuals seeking to access information from the Navy Central Registry about themselves shall address written inquiries for the Navy Central Registry to the Commander, Navy Personnel Command (Pers-661), 5720 Integrity Drive, Millington, TN 38055-6610;
For the Marine Corps Central Registry address written inquiries to the Commandant of the Marine Corps (MHF-25) Headquarters, U.S. Marine Corps, 2 Navy Annex, Washington, DC 20380-1775.
Request should contain the full name and Social Security Number of the individual.
CONTESTING RECORD PROCEDURES:
The Navy's rules for accessing records, and for contesting contents and appealing initial agency determinations are published in Secretary of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained from the system manager.
RECORD SOURCE CATEGORIES:
Victim; offender; other DoD component Central Registries; medical and dental records; educational institutions; medical facilities; private practitioners; law enforcement agencies; public and private health and welfare agencies, and witnesses.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Investigatory material compiled for law enforcement purposes may be exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is denied any right, privilege, or benefit for which he would otherwise be entitled by Federal law or for which he would otherwise be eligible, as a result of the maintenance of such information, the individual will be provided access to such information except to the extent that disclosure would reveal the identity of a confidential source.
Investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for federal civilian employment, military service, federal contracts, or access to classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5), but only to the extent that such material would reveal the identity of a confidential source.
An exemption rule for this system has been promulgated in accordance with requirements of 5 U.S.C. 553(b)(1), (2), and 3, (c) and (e) and published in 32 CFR part 701, subpart G. For additional information contact the system manager.
FEDERAL REGISTER HISTORY: