(U.S.) MILITARY

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For lists of bases, see: https://views.cira.colostate.edu/fed/Lists/FederalLands.aspx 

COMMENTS FOR JURISDICTION under 18 U.S.C. § 13:

·        For any federal site within state or territory boundaries, the rules and penalties of that state or territory are adopted when they punish acts or omissions that Congress did not. 

WHO:        ALL adults in the military community are invited to (MAY) report if they have reason to suspect child abuse or neglect.  [https://www.militaryonesource.mil/family-relationships/family-life/preventing-abuse-neglect/the-family-advocacy-program] 

ALL military members and their family members are counted on (MAY report) to keep people safe and report the suspected mistreatment of a child. [https://www.militaryonesource.mil/family-relationships/family-life/preventing-abuse-neglect/how-to-report-child-abuse-as-a-member-of-the-military]

Victims of child abuse are NOT required to self-report the abuse.  [34 U.S.C. § 20341(i)]

For military members and (minor) dependents as to amateur sports off-site: see the Digest section on Amateur Sports.

The following are mandatory (MUST report):

Military generally: commanders & their chain of command.  [https://www.militaryonesource.mil/family-relationships/family-life/preventing-abuse-neglect/how-to-report-child-abuse-as-a-member-of-the-military]

·        Air Force Rules:  All active duty, GS (civilian employees), and contract personnel are mandatory (MUST report).  [(USAF) AFI 40-301; https://www.virtuallabschool.org/mgmt/child-abuse-id-reporting/lesson-3/act/15361]    

These are “covered professionals” (MUST report): (1) Physicians, dentists, medical residents or interns, hospital personnel and administrators, nurses, health care practitioners, chiropractors, osteopaths, pharmacists, optometrists, podiatrists, emergency medical technicians, ambulance drivers, undertakers, coroners, medical examiners, alcohol or drug treatment personnel, & persons performing a healing role or practicing the healing arts. (2) Psychologists, psychiatrists, & mental health professionals. (3) Social workers, licensed or unlicensed marriage, family, & individual counselors. (4) Teachers, teacher's aides or assistants, school counselors & guidance personnel, school officials, & school administrators. (5) Child care workers & administrators. (6) Law enforcement personnel, probation officers, criminal prosecutors, & juvenile rehabilitation or detention facility employees. (7) Foster parents. (8) Commercial film & photo processors. These include all child and youth program personnel [employees]. These also include military members who have those roles for the military and its dependents.  [34 U.S.C. § 20341(b)]

These are “covered individuals” (MUST report): an adult who is authorized, by a national governing body, a member of a national governing body, or an amateur sports organization that participates in interstate or international amateur athletic competition, to interact with a minor or amateur athlete at an amateur sports organization facility or at any event sanctioned by a national governing body, a member of a national governing body, or such an amateur sports organization. These include U.S. Olympic and U.S. Paralympic organizations as well.  These also include military members who have any of these roles for the military and its dependents.  [34 U.S.C. §§ 20341(b),(c)(9)]

·       CHILD (I):  This rule does not define “child”, but in another statute (42 U.S.C. § 5101 Note) & FAPs below it means under age 18.  [https://www.militaryonesource.mil/family-relationships/family-life/preventing-abuse-neglect/the-family-advocacy-program]

·       CHILD (II):  In Department of Defense (DoD) & military services, “child” means: (1) a dependent (minor) of a service member; (2) other child in the member’s home; or (3) a civilian child harmed by a service member or a civilian working in or associated with a DoD: school, child development center, family child care home, or youth activity.  [https://www.militaryonesource.mil/family-relationships/family-life/preventing-abuse-neglect/the-family-advocacy-program]

·       NOTE FOR COVERED PROFESSIONALS: The mandate is limited to observations made while practicing their professions or professional activities on federal sites. So, it does not extend to observations in their free time or off-site.

·       NOTE: FOR COVERED INDIVIDUALS: The mandate is not limited to observations made in particular circumstances or places. So, it extends to observations made in their free time or anywhere.

·       STANDARD for reporting:

(1)      For covered professionals (as to federal sites): (a) while engaged in his/her professional capacity or activity (b) on Federal land or in a federally operated or contracted facility, (c) learns of facts that give reason to suspect that (d) a child suffered an incident of child abuse (or neglect).  [34 U.S.C. § 23041(a)(1)] 

(2)      For covered individuals: (a) learns of facts that give reason to suspect that (b) a child suffered an incident of child abuse (or neglect). [34 U.S.C. § 20341(a)(2)]

(a)   As the statute is written, the abuse may be but isn’t limited to sexual abuse.

(b)   As the statute is written, amateur athletic organization adults are mandatory reporters BUT their reporting mandates are NOT limited to amateur athletes. Their reporting may be mandatory for suspected abuse of ANY minor.

(3)      For any other reporter in a military community (e.g., families): reason to suspect child abuse or neglect.           [https://www.militaryonesource.mil/family-relationships/family-life/preventing-abuse-neglect/the-family-advocacy-program]

·       PRIVILEGE:  Privilege is not addressed in the statutes reviewed. But 34 U.S.C. § 20341 grants no reporting exception for medical, mental health, or counseling workers.

WHEN:      For mandatory reporters: report AS SOON AS POSSIBLE (at latest, within 24 hours). The report preferably uses a standard form, BUT if local rules require a first report by phone or otherwise orally, that must come first.  [34 U.S.C. §§ 20341(a);(c)(12);(f)] 

WHERE & HOW:  Reports are to be made as shown below.

FORMS: In every federally operated (or contracted) facility, and on all Federal lands, and for all covered individuals, a standard written reporting form with instructions is disseminated among all mandated reporter groups. Use of the form is encouraged (not mandated), BUT it cannot substitute for immediate reports by phone or otherwise under local requirements when circumstances dictate.  [34 U.S.C. § 20341(f)]  No universal form was found online. Marines use form NAVMC 1750/6. The Navy uses form CNIC CYP Notification Form for Reporting Child Abuse/Neglect, as at least a guide.

(1)  FOR ARMY, MARINE CORPS, NAVY, & AIR FORCE FAMILIES: Call installation FAP; they’ll notify others. [https://www.militaryonesource.mil/family-relationships/family-life/preventing-abuse-neglect/how-to-report-child-abuse-as-a-member-of-the-military]

(a)   Emergency: reporters who directly witness violence or have reason to believe that a child is in immediate danger:  dial 911 or the installation’s military police.

(b)   Family Advocacy Program (FAP): each installation has an FAP phone number for child welfare and safety listed at the installation website and posted at https://installations.militaryonesource.mil/?looking-for-a=program/program-service=32/focus=program . FAP notifies / coordinates with the commander, law enforcement, medical facilities, and nearest state child protective services (CPS). They also advise on next steps. If the state where the child/installation resides accepts only first-person reports, the reporter must ALSO notify their nearest CPS.

(c)   Child Protective Services (CPS): mandated reporters are required to contact the (nearest) CPS office of the state in which the child resides. This is true whether the abuse occurs on or off the federal installation. In states that do not require only first-person reports, notifying FAP ensures the appropriate CPS is notified. Check reporting rules, requirements, and contact info for that state in this digest.

(d)   National Child Abuse Hotline (“Childhelp”): this is an alternative option; next steps may be needed also:                    1-800-4-A-CHILD (1-800-422-4453).

(e)   Special Case: DoD Child & Youth Program: for suspicions of child abuse in one of these or a sanctioned activity:          877-790-1197 or (OCONUS, meaning outside of the 48 states in the continental U.S.) 571-372-5348.

                                        (i)        Suspected sexual abuses at Navy-sanctioned CYP facilities require reports to each of: law enforcement, CPS, FAP, & the installation commander.

(f)     Guideline documents by Service:

                                       (ii)        Army: https://static.virtuallabschool.org/atmt/abuse-reporting/ALL.AbuseReport_3.Reporting_L1.Army_Abuse__Reporting.pdf

                                        (iii)      Marine  Corps: https://static.virtuallabschool.org/atmt/abuse-reporting/ALL.AbuseReport_3.Reporting_L1.MarineReporting.pdf

                                       (iv)      Navy: https://static.virtuallabschool.org/atmt/abuse-reporting/ALL.AbuseReport_3.Reporting_L1.Navy_Service_Abuse_Reporting.pdf

                                          (v)     Air Force: https://static.virtuallabschool.org/atmt/abuse-reporting/ALL.AbuseReport_3.Reporting_L1.Air_Force_Abuse__Reporting.pdf

                                       (vi)      Overview: https://static.virtuallabschool.org/atmt/abuse-reporting/ALL.AbuseReport_3.Reporting_L1.Reporting_Child_Abuse_FAP.pdf

(2)      FOR COAST GUARD FAMILIES: (USCG works with Navy and Homeland Security)

(a)   Emergency: reporters who directly witness violence or have reason to believe that a child is in immediate danger:  dial 911 or the installation’s military police.

(b)   Other Cases: National Child Abuse Hotline.  1-800-4-A-CHILD (1-800-422-4453). They will contact the appropriate Child Protective Services (CPS) agency. [https://www.dcms.uscg.mil/Our-Organization/Director-of-Operational-Logistics-DOL/Bases/Base-New-Orleans/Work-Life/Family-Advocacy/]

(c)   Context: The Coast Guard Family Advocacy Program Specialist coordinates with the Coast Guard Investigative Service (CGIS, for investigation) and active duty members’ commands. Proceedings are not part of the members’ service records.

(d)   Other child abuse/neglect reporting channels for the Coast Guard include: (a) the chain of command; (b) military or civilian law enforcement; or (c) CGIS.

OTHER ASPECTS

·       REPORT DETAILS (Armed Forces):  Illustrative details for reporting abuse of a dependent include: (a) child’s name; (b) parents’ or guardians’ name(s) and contact information; (c) reasons for suspecting abuse or neglect; (d) description and location of child’s physical injuries (if applicable); (e) relevant info freely disclosed by the child; (f) child’s current location; and (g) known info on the incident or chronology of events.    

·       REPORTER PROTECTION;  (1) The federal statutes reviewed do not require a reporter to identify him/herself; local laws vary; (2) The federal statutes reviewed do not address disclosure of the reporter’s identity to others; local laws vary. (3) All reporters in good faith are immune from civil or criminal liability, and good faith is presumed; they may receive legal expenses if sued over the report; but there is no immunity for reports made in bad faith.  [34 U.S.C. § 20341(g)]

WHY:        A covered professional or covered individual who fails to report immediately commits a class A misdemeanor punishable by a < $100,000 fine and/or < 1 year imprisonment.  [18 U.S.C. § 2258]  But see relevant state or territory pages, to the extent that those jurisdiction punish acts or omissions that Congress does not, under 18 U.S.C. § 13.

WHAT:      Federal law for military families defines child abuse as physical or mental injury, sexual abuse or exploitation, or negligent treatment.  [34 U.S.C. § 20341(c)(1)]

·        Exception:  DISCIPLINE is NOT abuse when administered by a parent or legal guardian to his or her child, provided it is (a) reasonable in manner and (b) moderate in degree and (c) otherwise does not constitute cruelty.  [34 U.S.C. § 20341(c)(8)]

Initial Screening Criteria: CONTEXT: Federal lands and federally operated or contracted facilities where children receive care or reside, and for all covered individuals, the Attorney General designates an agency (which may be non-Federal) to receive and investigate reports. SPECIAL CASES: Reports received by social services or health care agencies alleging sexual abuse, serious physical injury, or life-threatening neglect of a child, are referred immediately to a law enforcement agency with authority to take emergency action to protect the child. ALL reports received are promptly, and jointly when appropriate, investigated by social services and law enforcement.  [34 U.S.C. § 20341(d)]

Reportable: (1) anyone for physical or mental injury, sexual abuse / exploitation; or (2) a person responsible for the child for negligent treatment.  [34 U.S.C. § 20341(c)(1)]  But see pages for the relevant state or territory in case they cover situations that the federal rules do not.

Persons responsible for a child’s welfare (Marines): is a parent, guardian, foster parent, or caregiver, whether the caregiver is in the family or not, under circumstances indicating the child’s welfare is harmed or threatened. Such acts by a sibling, other family member, or other person shall be deemed to be child abuse only when the individual is providing care by express or implied agreement with the parent, guardian, or foster parent. [https://www.virtuallabschool.org/mgmt/child-abuse-id-reporting/lesson-3/act/15366]

The definitions below are for federal facilities. If something is not covered below but is by the relevant state or territory under 18 U.S.C. § 13, then both rule sets apply.

Physical Injury may include (a) lacerations, (b) bone fractures, (c) burns, (d) internal injuries, (e) severe bruising, or (f) serious bodily harm.  [34 U.S.C. § 20341(c)(2)] 

Mental Injury harms psychological or intellectual functioning.  [34 U.S.C. § 20341(c)(3)] 

(A)     Mental injury may be exhibited by: (1) severe anxiety; (2) depression; (3) withdrawal; (4) outward aggressive behavior; or (5) a combination of those.

(B)     Mental injury may be demonstrated by a change in: (1) behavior; (2) emotional response; or (3) cognition.

Sexual Abuse includes the employment, use, persuasion, inducement, enticement, or coercion of a child to engage in, or assist another person to engage in, (a) sexually explicit conduct or the (b) rape, (c) molestation, (d) prostitution, or (e) other form of sexual exploitation of children, or (f) incest with children.  [34 U.S.C. § 20341(c)(4)]

(A)  Sexually explicit conduct means actual or simulated –  [34 U.S.C. § 20341(c)(5)]

(1)   Sexual intercourse, including sexual contact (genital-genital, oral-genital, anal-genital, or oral-anal), whether between persons of the same or of opposite sex;

(a)   Sexual contact means intentional touching, directly or through clothes, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify any person’s sexual desire;

(2)   Or any of: (a) bestiality; (b) masturbation; (c) lascivious exhibition of the genitals or pubic area of a person or animal; or (d) sadistic or masochistic abuse.

(B)  The age of consent for U.S. Armed Services members and enemy prisoners of war and sexual partners of either is 16, but there is an exemption for spouses age 12-15. Mistake-in-age is a defense for partners age 12, 13, 14, or 15, but not if the partner is under age 12.  [10 U.S.C. § 920b, (Uniform Code of Military Justice) at Article 120b]  State or territory laws also apply on base.  [18 U.S.C. § 13(a)]  Service members and their dependents are subject to state and territory law when off-base, or depending on the host nation at a foreign site, subject to foreign law for acts committed off-base.

(C)  The age of consent for non-military dependents of service members is that of the state or territory where they are, including if they are on-base. Depending on the host nation for U.S. bases abroad, rules vary for the age of consent off-base.

(D)  Incest is cited by federal law without defining the kin it includes.  [cf. 18 U.S.C. § 3509(a)(8)]  Check the section of this Digest for the applicable state or territory.

Sexual Exploitation means child porn or child prostitution.  [34 U.S.C. § 20341(c)(6)]

Negligent Treatment is (1) failure to provide (if affordable) (2) adequate food, clothing, shelter, or medical care (3) so as to seriously endanger physical health. Lack of adequate supervision is also neglect. [34 U.S.C. § 20341(c)(7); https://www.militaryonesource.mil/family-relationships/family-life/preventing-abuse-neglect/the-family-advocacy-program]