DoD Instruction 1402.05 - Criminal History Background Checks on Individuals in Child Services
Resource Type:
Policy
Published:
09/15
Criminal History Background Checks on Individuals In Child Care Services - Implements Pub. L. No. 101-647, Section 231 and Pub. L. No. 102-190, Section 1094. Change 1 - Requires procedures for existing and newly hired individuals and includes a review of personnel and security records to include a Federal Bureau of Investigation (FBI) fingerprint check and State Criminal History Repositories (SCHR) checks of residences listed on employment or certification applications.
The DoD Manual 1402.05 is a companion manual to the DoDI 1402.05. This issuance implements policy, assigns responsibilities, and provides procedures for conducting criminal history background checks on individuals involved in the provision of child care and youth services for children under the age of 18 in DoD child development and youth programs, in accordance with DoD Instruction (DoDI) 1402.05 and Section 13041 of Title 42, United States Code (U.S.C.).
Table of Contents
- Section 1: General Issuance Information 4
-
Section 2: Responsibilities 5
- 2.1. Assistant Secretary of Defense for Manpower and Reserve Affairs (ASD(M&RA)). 5
- 2.2. Deputy Assistant Secretary of Defense for Civilian Personnel Policy. 5
- 2.3. Deputy Assistant Secretary of Defense for Military Community and Family Policy. 5
- 2.4. Deputy Assistant Secretary of Defense for Military Personnel Policy. 5
- 2.5. Deputy Chief Management Officer OF THE DEPARTMENT OF DEFENSE. 5
- 2.6. Under Secretary of Defense for Acquisition, Technology, and Logistics (USD(AT&L)). 6
- 2.7. The DoD Component Heads. 6
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Section 3: Background Check Descriptions and Procedures 7
- 3.1. Requirements for Individual Criminal History Background Checks. 7
- 3.2. Child Development Program Disclosure. 7
- 3.3. Types of Criminal History Background Checks. 8
-
3.4. Background Check Procedures for C&Y Program Workforce. 10
- a. DoD Civilian: NAF and APF Applicants. 10
- b. Military Personnel. 11
- c. FCC Providers and Substitute Providers. 11
- d. Third Party Administrators. 11
- e. Child and Youth Behavioral Military and Family Life Counselor (CYB-MFLC). 12
- f. DoD Contractors and Subcontractors on Installations. 12
- g. Temporary Appointments. 13
- h. Specified Volunteers. 13
- i. Non-Specified Volunteers. 14
- j. Foreign Nationals. 14
- 3.5. Timely Completion of Background Checks. 14
- 3.6. Self Reporting Procedures. 15
- 3.7. Background Check Reverification. 15
- Appendix 3A: Background Check Screening Questions. 17
- Appendix 3B: Background Checks by Workforce Category. 18
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Appendix 3C: Frequently Asked Questions. 20
- Applicability. 20
- Q: Do these background check requirements apply to off-base civilian centers providing child care? 20
- Criminal History Background Checks. 20
- Q: Who can initiate background checks of prospective and current C&Y personnel? 20
- Q: What is a Tier 1 investigation and what does it include? 20
- Q: Who needs an IRC? 20
- Q: Why are specified volunteers only required to have the advanced FBI fingerprint check and an IRC? 20
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Section 4: Suitability and Fitness Determination Adjudication 22
- 4.1. Suitability and Fitness Determination Procedures. 22
- 4.2. Adjudication by the Consolidated Adjudications Facility. 23
- 4.3. Criteria for Automatic Disqualification. 23
- 4.4. Criteria for Presumptive Disqualification. 24
- 4.5. Disputes and Appeals of Unfavorable Determinations. 24
- Appendix 4A: Suitability and Fitness Adjudication Criteria for Presumptive Disqualification. 25
- Section 5: Eligibility To Perform Duties Under LOSS 27
- Glossary 29
- References 36
- Section 1: General Issuance Information
-
Section 2: Responsibilities
- 2.1. Assistant Secretary of Defense for Manpower and Reserve Affairs (ASD(M&RA)).
- 2.2. Deputy Assistant Secretary of Defense for Civilian Personnel Policy.
- 2.3. Deputy Assistant Secretary of Defense for Military Community and Family Policy.
- 2.4. Deputy Assistant Secretary of Defense for Military Personnel Policy.
- 2.5. Deputy Chief Management Officer OF THE DEPARTMENT OF DEFENSE.
- 2.6. Under Secretary of Defense for Acquisition, Technology, and Logistics (USD(AT&L)).
- 2.7. The DoD Component Heads.
-
Section 3: Background Check Descriptions and Procedures
- 3.1. Requirements for Individual Criminal History Background Checks.
- 3.2. Child Development Program Disclosure.
- 3.3. Types of Criminal History Background Checks.
-
3.4. Background Check Procedures for C&Y Program Workforce.
- a. DoD Civilian: NAF and APF Applicants.
- b. Military Personnel.
- c. FCC Providers and Substitute Providers.
- d. Third Party Administrators.
- e. Child and Youth Behavioral Military and Family Life Counselor (CYB-MFLC).
- f. DoD Contractors and Subcontractors on Installations.
- g. Temporary Appointments.
- h. Specified Volunteers.
- i. Non-Specified Volunteers.
- j. Foreign Nationals.
- 3.5. Timely Completion of Background Checks.
- 3.6. Self Reporting Procedures.
- 3.7. Background Check Reverification.
- Appendix 3A: Background Check Screening Questions.
- Appendix 3B: Background Checks by Workforce Category.
-
Appendix 3C: Frequently Asked Questions.
- Applicability.
- Q: Do these background check requirements apply to off-base civilian centers providing child care?
- Criminal History Background Checks.
- Q: Who can initiate background checks of prospective and current C&Y personnel?
- Q: What is a Tier 1 investigation and what does it include?
- Q: Who needs an IRC?
- Q: Why are specified volunteers only required to have the advanced FBI fingerprint check and an IRC?
-
Section 4: Suitability and Fitness Determination Adjudication
- 4.1. Suitability and Fitness Determination Procedures.
- 4.2. Adjudication by the Consolidated Adjudications Facility.
- 4.3. Criteria for Automatic Disqualification.
- 4.4. Criteria for Presumptive Disqualification.
- 4.5. Disputes and Appeals of Unfavorable Determinations.
- Appendix 4A: Suitability and Fitness Adjudication Criteria for Presumptive Disqualification.
- Section 5: Eligibility To Perform Duties Under LOSS
- Glossary
- References