This part: (a) Implements Public Law 101-647, section 231 and Public Law 102-190, section 1094.
(b) 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.
(c) Establishes policy, assigns responsibilities, and prescribes procedures for criminal history background checks for all existing and newly hired individuals involved in the provision of child care services as Federal employees, contractors, or in Federal facilities to children under the age of 18. The checks are required of all individuals in the Department of Defense involved in providing child care services defined in Public Law 101-647, and for policy reasons, those categories of individuals not expressly governed by the statute.
(d) Allows the Department to provisionally hire such individuals before the completion of a background check. However, at all times while children are in the care of that individual, the child care provider must be within sight and under the supervision of a staff person whose background check has been successfully completed. Healthcare personnel shall comply with guidance provided in the Memorandum from the Assistant Secretary of Defense for Health Affairs (ASD(HA)) 1, April 20, 1992.
1 Copies may be obtained from OASD(HA) Room 3E346, The Pentagon, Washington, DC 220301-1200.
(e) Includes all individuals providing child care services to children in accordance with 32 CFR part 310, Federal Personnel Manual (FPM), 232 CFR part 154, DoD Directive 6400.1, 3 DoD Instruction 6060.2, 4 DoD Instruction 6400.2, 5 DoD Directive 1400.13, 632 CFR part 68, DoD Directive 6025.11, 7 DoD Directive 1015.1, 8, and 32 CFR part 212.
2 Copies may be obtained from a Federal Depositary Library, or a Federal Agency Personnel Office.
3 Copies may be obtained from the National Technical Information Service, 5285 Port Royal, Springfield, VA 22161.
Beta! The text on the eCFR tab represents the unofficial eCFR text at ecfr.gov.
§ 86.1 Purpose.
This part establishes policy, assigns responsibilities, and provides procedures to conduct criminal history checks on individuals involved in the provision of child care services for children under the age of 18 in DoD programs.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.