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Information on Child Abuse policy and resources
Link for this page:  http://www.militaryhomefront.dod.mil/l/childabuse/faqs
 
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Frequently Asked Questions

The following are Frequently Asked Questions about Child Abuse programs and services. Please click on the question and the answer will appear. Click again to hide the answer.

 

What is the Family Advocacy Program (FAP)?

The FAP is a command support program with responsibility for addressing family violence - both domestic abuse and child abuse - in military families, through prevention efforts, early identification and intervention, support for victims, and treatment for abusers.  FAP staff work with military command, military law enforcement personnel, medical staff, family center personnel and chaplains, as well as civilian organizations and agencies, to provide a coordinated response to family maltreatment involving our service members. 

How is "child" defined in cases of child abuse?

Child is defined as an unmarried person under eighteen years of age for whom a parent, guardian, foster parent, caregiver, employee of a residential facility, or any staff person providing out-of-home care is legally responsible. The term "child" means a biological child, adopted child, stepchild, foster child, or ward. The term also includes a sponsor's family member (except the sponsor's spouse) of any age who is incapable of self-support because of a mental or physical incapacity, and for whom treatment in a DoD medical treatment program is authorized.

What is transitional compensation?

Transitional compensation is a congressionally authorized program. It allows the Department of Defense (DoD) to provide temporary monetary payments and limited military benefits to the dependents of service members who are separated from the military due to domestic abuse. These payments are designed to assist victims in establishing a life apart from abusive service members. Transitional compensation benefits are available for no less than twelve months and no more than thirty-six months. In addition to monetary payments, benefits may include commissary and exchange privileges and medical and dental services through TRICARE for a limited period of time. To apply for transitional compensation benefits, a victim should contact the local FAP, victim advocate, or victim witness coordinator.

What are the eligibility requirements for receiving transitional compensation benefits?

A victim of domestic abuse or child abuse may qualify to receive transitional compensation benefits if:

  • he/she was married to or is a family member of a service member
  • he/she was residing in the home of the service member when the domestic abuse or child abuse offense occurred
  • the service member has served at least thirty days on active duty
  • the service member has been discharged administratively (voluntarily or involuntarily) or by court-martial for domestic abuse or child abuse, or sentenced to forfeiture of all pay and allowances by a court-martial for a domestic abuse or child abuse offense
  • the charge was brought to court after November 29, 1993

The Service Secretaries have some flexibility in providing transitional compensation benefits to victims who might not otherwise meet all of the criteria listed above. The victim advocate, FAP staff member, victim witness coordinator, or legal officer on the installation can help a victim determine whether he or she will be able to access transitional compensation benefits.

Once a family member receives transitional compensation benefits, under what circumstances would he/she lose those benefits?

A victim could lose or forfeit his/her transitional compensation benefits under the following circumstances:

  • the victim remarries (entitlements terminate as of the date of the remarriage)
  • the victim begins living with the abusive service member again
  • the domestic violence conviction is reduced to a lower punishment or administrative separation is revoked

For detailed information about the program, the benefits it provides, and eligibility requirements, a victim should contact the local FAP, victim advocate, or victim witness coordinator.

Are there any particular risk factors for child abuse?

Although there isn't a definitive checklist, there are some circumstances that might put a family at greater risk for child abuse:

  • infants who were born prematurely with any kind of physical/health problem or who were exposed to drugs or alcohol while still in the womb
  • a parent who had insecure attachments to his or her own parents or who experienced abuse as a child
  • single parents who are lacking social support and/or isolated from extended family or friends
  • families having economic or housing problems
  • chronic parental under-employment

For families who are experiencing any of the above circumstances, the Family Advocacy Program and other activities available through the Family Centers can provide services that families need to remain healthy and strong.

If a report of suspected child abuse by a service member is substantiated through the Family Advocacy Program (FAP), will the Service member be separated from the Service?

The FAP process for substantiating a reported incident and the disciplinary action a commander may take in response to the incident are two separate procedures.  When an incident is substantiated, FAP provides treatment recommendations to the alleged offender's commander and offers support services to the victim.  Commanders have complete discretion in determining the appropriate administrative or disciplinary action to take against active duty abusers.  The commander considers the advice of legal officers and evidence presented by law enforcement before making the decision. 

What is the New Parent Support Program (NPSP)?

The NPSP is a voluntary home visitation program for parents expecting a baby and for parents of children up to the age of three.  Parents can request NPSP services on their own or their health care provider, the service member's commander, or family support program staff may refer them to the program. This program is available to parents who live on the installation or in the civilian community.

Through the NPSP, a staff member will visit the family's home and talk to the parents about any concerns they have about parenting and about things that are causing stress in their lives. The NPSP staff member will work with the family to help them address those concerns and stresses in a way that is healthy for them and for their children. Whenever possible, both parents are encouraged to participate in the program.

If a report of suspected domestic abuse or child abuse by a service member is substantiated through the Family Advocacy Program (FAP), is the service member prohibited from possessing a firearm or ammunition?

No.  Under the Lautenberg Amendment to the Gun Control Act and the implementing DoD Directive Type Memorandum (which can be found in the Policy and Legislation section), a service member with a "qualifying conviction" loses his or her right to possess firearms or ammunition, be they personal property or the property of the government.  A substantiated report FAP is not a qualifying conviction.  A qualifying conviction is defined in DoD Policy as:

  • a misdemeanor or felony conviction for a crime of domestic violence in a civilian court
  • a conviction for a crime of domestic violence at a general or special court-martial

Summary court-martial convictions, nonjudicial punishment (Article 15, Uniform Code of Military Justice), and deferred prosecutions in civilian courts are not qualifying convictions.

Will being reported to Family Advocacy Program (FAP) hurt a service member's career?

Service members and family members sometimes worry about coming forward to command or to FAP for child abuse or domestic abuse related concerns.  First and foremost, FAP and command want to keep victims of abuse safe.  But they also want to help families work through their child abuse or domestic abuse issues so service members can develop healthier relationships and remain within the military whenever possible.

Is there a requirement to report suspected abuse or neglect of a child?

Federal and state laws and DoD policy require that suspected abuse or neglect of a child be reported to the installation Family Advocacy Program immediately and to the state child abuse hotline or local Child Protective Services Agency.

What happens if child sexual abuse occurs at a DoD-sponsored activity?

DoD makes every effort to ensure the safety and well-being of children involved in DoD-sponsored activities (e.g., schools, daycare centers, family home child care, youth sports, and recreation programs).  Efforts include conducting thorough background checks and training all staff and volunteers within these programs.  If there is a report of child sexual abuse within a DoD-sponsored activity, installation leadership will ensure an immediate investigation of the allegation.

Depending on the complexity of the report, the DoD Family Advocacy Command Assistance Team (FACAT) may be deployed to help the affected installation address the allegation.  The FACAT is a multi-disciplinary team of experts, who are specifically trained to help assess the situation, develop an investigation strategy, gather evidence for possible prosecution, address the needs of the victims and their families, and restore public confidence in the DoD-sponsored activity.