10 U.S.C. § 1788 — Additional family assistance

Page 1611 TITLE 10—ARMED FORCES § 1788 Program office at the military installation to which the member of the Armed Forces concerned is as- signed: ‘‘(A) Credible information (which may include a reasonable belief), obtained by any individual with- in the chain of command of the member, that a child in the family or home of the member has suf- fered an incident of child abuse. ‘‘(B) Information, learned by a member of the Armed Forces engaged in a profession or activity described in section 226(b) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13031(b)) [now 34 U.S.C. 20341(b)] for members of the Armed Forces and their dependents, that gives reason to suspect that a child in the family or home of the member has suf- fered an incident of child abuse. ‘‘(2) REGULATIONS.—The Secretary of Defense and the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy) shall jointly prescribe regulations to carry out this subsection. ‘‘(3) CHILD ABUSE DEFINED.—In this subsection, the term ‘child abuse’ has the meaning given that term in section 226(c) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13031(c)) [now 34 U.S.C. 20341(c)].’’ PLAN FOR IMPLEMENTATION OF ACCREDITATION REQUIREMENT Pub. L. 104–106, div. A, title V, § 568(c), Feb. 10, 1996, 110 Stat. 335, directed Secretary of Defense to submit to Congress, not later than Apr. 1, 1997, a plan for carrying out the requirements of this section. § 1788. Additional family assistance (a) AUTHORITY.—The Secretary of Defense may provide for the families of members of the armed forces serving on active duty, in addition to any other assistance available for such fami- lies, any assistance that the Secretary considers appropriate to ensure that the children of such members obtain needed child care, education, and other youth services. (b) PRIMARY PURPOSE OF ASSISTANCE.—The as- sistance authorized by this section should be di- rected primarily toward providing needed family support, including child care, education, and other youth services, for children of members of the armed forces who are deployed, assigned to duty, or ordered to active duty in connection with a contingency operation. (Added Pub. L. 107–314, div. A, title VI, § 652(a)(1), Dec. 2, 2002, 116 Stat. 2581; amended Pub. L. 111–383, div. A, title X, § 1075(b)(25), Jan. 7, 2011, 124 Stat. 4370.) Editorial Notes AMENDMENTS 2011—Subsec. (b). Pub. L. 111–383 substituted ‘‘armed forces’’ for ‘‘Armed Forces’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 107–314, div. A, title VI, § 652(b), Dec. 2, 2002, 116 Stat. 2581, provided that: ‘‘Section 1788 of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 2002.’’ PILOT PROGRAM FOR MILITARY FAMILIES: PREVENTION OF CHILD ABUSE AND TRAINING ON SAFE CHILDCARE PRACTICES Pub. L. 115–232, div. A, title V, § 578, Aug. 13, 2018, 132 Stat. 1783, provided that: ‘‘(a) PILOT PROGRAM.— ‘‘(1) PURPOSE.—In order to reduce child abuse and fatalities due to abuse or neglect in covered house- holds, the Secretary of Defense, acting through the Defense Health Agency, shall carry out a pilot pro- gram to— ‘‘(A) provide information regarding safe childcare practices to covered households; ‘‘(B) identify and assess risk factors for child abuse in covered households; and ‘‘(C) facilitate connections between covered households and community resources. ‘‘(2) PROHIBITION ON DELEGATION.—The Secretary may not carry out the pilot program through the Family Advocacy Program. ‘‘(3) LOCATIONS.—The Secretary shall carry out the pilot program at no fewer than five military installa- tions that reflect a range of characteristics including the following: ‘‘(A) Urban location. ‘‘(B) Rural location. ‘‘(C) Large population. ‘‘(D) Small population. ‘‘(E) High incidence of child abuse, neglect, or both. ‘‘(F) Low incidence of child abuse, neglect, or both. ‘‘(G) Presence of a hospital or clinic. ‘‘(H) Lack of a hospital or clinic. ‘‘(I) Joint installation. ‘‘(J) Serving only one Armed Force. ‘‘(4) TERM.—The pilot program shall terminate two years after implementation. ‘‘(5) DESIGN.—The Secretary shall design the pilot program in consultation with military family groups to respond to the needs of covered households. ‘‘(6) ELEMENTS.—The pilot program shall include the following elements: ‘‘(A) Postnatal services, including screening to identify family needs and potential risk factors, and make referrals to appropriate community serv- ices with the use of the electronic data described in subparagraphs (F) and (G). ‘‘(B) The Secretary shall identify at least three approaches to screening, identification, and referral under subparagraph (A) that empirically improve outcomes for parents and infants. ‘‘(C) Services and resources designed for a covered household by the Secretary after considering the information gained from the screening and identi- fication under subparagraph (A). Such services and resources may include or address the following: ‘‘(i) General maternal and infant health exam. ‘‘(ii) Safe sleeping environments. ‘‘(iii) Feeding and bathing. ‘‘(iv) Adequate child supervision. ‘‘(v) Common hazards. ‘‘(vi) Self-care. ‘‘(vii) Postpartum depression, substance abuse, or domestic violence. ‘‘(viii) Community violence. ‘‘(ix) Skills for management of infant crying. ‘‘(x) Other positive parenting skills and prac- tices. ‘‘(xi) The importance of participating in ongo- ing healthcare for an infant and for treating postpartum depression. ‘‘(xii) Finding, qualifying for, and participating in available community resources with respect to infant care, childcare, parenting support, and home visits. ‘‘(xiii) Planning for parenting or guardianship of children during deployment and reintegration. ‘‘(xiv) Such other matters as the Secretary, in consultation with military families, considers ap- propriate. ‘‘(D) Home visits to provide support, screening and referral services shall be offered as needed. The number of visits offered shall be guided by parental interest and family need, but in general is expected to be no more than three. Page 1612 TITLE 10—ARMED FORCES § 1788 ‘‘(E) If a parent is deployed at the time of birth— ‘‘(i) the first in-home visit under subparagraph (D) shall, to the extent practicable, incorporate both parents, in person with the local parent and by electronic means with the deployed parent; and ‘‘(ii) another such home visit shall be offered upon the return of the parent from deployment, and shall include both parents, if determined in the best interest of the family. ‘‘(F) An electronic directory of community re- sources available to covered households and pilot program personnel to help covered households ac- cess such resources. ‘‘(G) An electronic integrated data system to— ‘‘(i) help pilot program personnel refer eligible covered beneficiaries to services and resources under the pilot program; ‘‘(ii) track usage of such services and resources and interactions between such personnel and cov- ered households; and ‘‘(iii) evaluate the implementation, outcomes, and effectiveness of the pilot program. ‘‘(b) VOLUNTARY PARTICIPATION.—Participation in the pilot program shall be at the election of a covered ben- eficiary in an eligible household. ‘‘(c) OUTREACH.— ‘‘(1) IN GENERAL.—Not later than 30 days after im- plementing the pilot program, the Secretary shall no- tify each covered household of the services provided under subsection (b). ‘‘(2) COVERED HOUSEHOLDS WITH NEWBORNS.—No later than 30 days after a birth in a covered house- hold, the Secretary shall contact such covered house- hold to encourage participation in the pilot program. ‘‘(d) ASSESSMENTS.— ‘‘(1) NUMBER.—The Secretary shall carry out no fewer than five assessments of the pilot program. ‘‘(2) COMPARISON INSTALLATIONS.—For purposes of this subsection, the Secretary shall also select such number of other military installations the Secretary determines appropriate as comparison installations for purposes of assessing the outcomes of the pilot. ‘‘(3) ASSESSMENT.—The Secretary shall assess each of the following: ‘‘(A) Success in contacting covered households for participation in the pilot. ‘‘(B) The percentage of covered households that elect to participate in the pilot program. ‘‘(C) The extent to which covered households par- ticipating in the pilot program are connected to services and resources under the pilot program. ‘‘(D) The extent to which covered households par- ticipating in the pilot program use services and re- sources under the pilot program. ‘‘(E) Compliance of pilot program personnel with pilot program protocols. ‘‘(e) REPORTS.— ‘‘(1) INITIAL REPORT.—Not later than 180 days after the date of the enactment of this Act [Aug. 13, 2018], the Secretary shall submit to the Committees on Armed Services of the Senate and House of Rep- resentatives a report on the pilot program under this section. The report shall include a comprehensive de- scription of the assessments under subsection (d), as well as the following: ‘‘(A) Which installations the Secretary selected for the pilot program under subsection (a)(2). ‘‘(B) Why the Secretary selected the installations described in subparagraph (A). ‘‘(C) Names of the installations the Secretary se- lected as comparison installations under subsection (d)(2). ‘‘(D) How the pilot program is carried out, includ- ing strategy and metrics for evaluating effective- ness of the pilot program. ‘‘(2) FINAL REPORT.—Not later than 180 days after the termination of the pilot program, the Secretary shall submit to the committees specified in para- graph (1) a final report on the pilot program. The re- port shall include the following: ‘‘(A) A comprehensive description of, and findings of, the assessments under subsection (d). ‘‘(B) A comprehensive description and assessment of the pilot. ‘‘(C) Such recommendations for legislative or ad- ministrative action the Secretary determines ap- propriate, including whether to— ‘‘(i) extend the term of the pilot program; ‘‘(ii) expand the pilot program to additional in- stallations; or ‘‘(iii) make the pilot program permanent. ‘‘(f) DEPARTMENTAL IMPLEMENTATION.—If the Sec- retary determines that any element of the pilot pro- gram is effective, the Secretary shall implement such element permanently for the Department of Defense. ‘‘(g) DEFINITIONS.—In this section: ‘‘(1) The term ‘covered household’ means a house- hold that— ‘‘(A) contains an eligible covered beneficiary; and ‘‘(B) is located at a location selected by the Sec- retary for the pilot program. ‘‘(2) The term ‘eligible covered beneficiary’ means a covered beneficiary (as that term is defined in section 1072 of title 10, United States Code) who obtains pre- natal or obstetrical care in a military medical treat- ment facility in connection with a birth covered by the pilot program. ‘‘(3) With respect to a military installation, the term ‘community’ means the catchment area for community services of the installation, including services provided on the installation by the Secretary and services provided by State, county, and local ju- risdictions in which the installation is located, or in the vicinity of the installation.’’ FAMILY SUPPORT PROGRAMS FOR IMMEDIATE FAMILY MEMBERS OF MEMBERS OF THE ARMED FORCES AS- SIGNED TO SPECIAL OPERATIONS FORCES Pub. L. 113–66, div. A, title V, § 554, Dec. 26, 2013, 127 Stat. 765, as amended by Pub. L. 114–92, div. A, title V, § 574, Nov. 25, 2015, 129 Stat. 831; Pub. L. 115–91, div. A, title X, § 1081(e), Dec. 12, 2017, 131 Stat. 1601, related to pilot programs for family members of members of the Armed Forces assigned to special operations forces, prior to repeal by Pub. L. 115–91, div. A, title V, § 555(f), Dec. 12, 2017, 131 Stat. 1403. See section 1788a of this title. [Pub. L. 115–91, div. A, title X, § 1081(e), Dec. 12, 2017, 131 Stat. 1601, provided that the amendment made by section 1081(e) (amending section 574 of Pub. L. 114–92, which amended section 554 of Pub. L. 113–66, formerly set out above) is effective Nov. 25, 2015, and as if in- cluded in Pub. L. 114–92 as enacted.] PILOT PROGRAM ON PARENT EDUCATION TO PROMOTE EARLY CHILDHOOD EDUCATION FOR DEPENDENT CHIL- DREN AFFECTED BY MILITARY DEPLOYMENT OR RELO- CATION OF MILITARY UNITS Pub. L. 109–364, div. A, title V, § 575, Oct. 17, 2006, 120 Stat. 2227, provided that: ‘‘(a) PILOT PROGRAM AUTHORIZED.—Using such funds as may be appropriated for this purpose, the Secretary of Defense may carry out a pilot program on the provi- sion of educational and support tools to the parents of preschool-age children— ‘‘(1) whose parent or parents serve as members of the Armed Forces on active duty (including members of the Selected Reserve on active duty pursuant to a call or order to active duty of 180 days or more); and ‘‘(2) who are affected by the deployment of their parent or parents or the relocation of the military unit of which their parent or parents are a member. ‘‘(b) PURPOSE.—The purpose of the pilot program is to develop models for improving the capability of military child and youth programs on or near military installa- tions to provide assistance to military parents with young children through a program of activities focus- ing on the unique needs of children described in sub- section (a). Page 1613 TITLE 10—ARMED FORCES § 1788a ‘‘(c) LIMITS ON COMMENCEMENT AND DURATION OF PRO- GRAM.—The Secretary of Defense may not commence the pilot program before October 1, 2007, and shall con- clude the pilot program not later than the end of the three-year period beginning on the date on which the Secretary commences the program. ‘‘(d) SCOPE OF PROGRAM.—Under the pilot program, the Secretary of Defense shall utilize one or more mod- els, demonstrated through research, of universal access of parents of children described in subsection (a) to as- sistance under the pilot program to achieve the fol- lowing goals: ‘‘(1) The identification and mitigation of specific risk factors for such children related to military life. ‘‘(2) The maximization of the educational readiness of such children. ‘‘(e) LOCATIONS AND GOALS.— ‘‘(1) SELECTION OF PARTICIPATING INSTALLATIONS.— In selecting military installations to participate in the pilot program, the Secretary of Defense shall limit selection to those military installations whose military personnel are experiencing significant tran- sition or deployment or which are undergoing transi- tion as a result of the relocation or activation of military units or activities relating to defense base closure and realignment. ‘‘(2) SELECTION OF CERTAIN INSTALLATIONS.—At least one of the installations selected under paragraph (1) shall be a military installation that will permit, under the pilot program, the meaningful evaluation of a model under subsection (d) that provides out- reach to parents in families with a parent who is a member of the National Guard or Reserve, which families live more than 40 miles from the installa- tion. ‘‘(3) GOALS OF PARTICIPATING INSTALLATIONS.—If a military installation is selected under paragraph (1), the Secretary shall require appropriate personnel at the military installation to develop goals, and spe- cific outcome measures with respect to such goals, for the conduct of the pilot program at the installa- tion. ‘‘(4) EVALUATION REQUIRED.—Upon completion of the pilot program at a military installation, the per- sonnel referred to in paragraph (3) at the installation shall be required to conduct an evaluation and assess- ment of the success of the pilot program at the in- stallation in meeting the goals developed for that in- stallation. ‘‘(f) GUIDELINES.—As part of conducting the pilot pro- gram, the Secretary of Defense shall issue guidelines regarding— ‘‘(1) the goals to be developed under subsection (e)(3); ‘‘(2) specific outcome measures; and ‘‘(3) the selection of curriculum and the conduct of developmental screening under the pilot program. ‘‘(g) REPORT.—Upon completion of the pilot program, the Secretary of Defense shall submit to the Com- mittee on Armed Services of the Senate and the Com- mittee on Armed Services of the House of Representa- tives a report on all of the evaluations prepared under subsection (e)(4) for the military installations partici- pating in the pilot program. The report shall describe the results of the evaluations, and may include such recommendations for legislative or administrative ac- tion as the Secretary considers appropriate in light of the evaluations, including recommendations for the continuation of the pilot program.’’ § 1788a. Support programs: special operations forces personnel; immediate family members (a) PROGRAMS AUTHORIZED.—Consistent with such regulations as the Secretary of Defense may prescribe to carry out this section, the Commander of the United States Special Oper- ations Command may conduct programs to pro- vide family support services. In selecting and conducting any program under this subsection, the Commander shall coordinate with the Under Secretary of Defense for Personnel and Readi- ness. (b) SELECTION OF PROGRAMS.—In selecting the programs to be conducted under subsection (a), the Commander shall— (1) identify family support services that have a direct and concrete impact on the read- iness of special operations forces, but that are not being provided by the Secretary of a mili- tary department to covered individuals; and (2) conduct a cost-benefit analysis of each family support service proposed to be included in a program. (c) ADDITIONAL AUTHORITY.—The Commander may expend up to $10,000,000 during each fiscal year, from funds available for Major Force Pro- gram 11, to carry out family support programs under this section. [(d) Repealed. Pub. L. 116–92, div. A, title XVII, § 1702(c)(1), Dec. 20, 2019, 133 Stat. 1796.] (e) DEFINITIONS.—In this section: (1) The term ‘‘Commander’’ means the Com- mander of the United States Special Oper- ations Command. (2) The term ‘‘immediate family members’’ has the meaning given that term in section 1789(c) of this title. (3) The term ‘‘special operations forces’’ means those forces of the armed forces identi- fied as special operations forces under section 167(j) of this title. (4) The term ‘‘family support services’’ in- cludes psychological support, spiritual sup- port, and costs of transportation, food, lodg- ing, child care, supplies, fees, and training ma- terials for covered individuals while partici- pating in programs under subsection (a). (5) The term ‘‘covered individuals’’ means— (A) members of the Armed Forces (includ- ing the reserve components) assigned to spe- cial operations forces; (B) service personnel assigned to support special operations forces; (C) immediate family members of individ- uals described in subparagraphs (A) and (B); and (D) immediate family members of individ- uals described in subparagraphs (A) or (B) in a case in which such individual died— (i) as a direct result of armed conflict; (ii) while engaged in hazardous service; (iii) in the performance of duty under conditions simulating war; or (iv) through an instrumentality of war. (Added and amended Pub. L. 115–91, div. A, title V, § 555(a)–(d), Dec. 12, 2017, 131 Stat. 1402, 1403; Pub. L. 115–232, div. A, title V, § 572, Aug. 13, 2018, 132 Stat. 1778; Pub. L. 116–92, div. A, title XVII, §§ 1702(c)(1), 1731(a)(28), Dec. 20, 2019, 133 Stat. 1796, 1813; Pub. L. 116–283, div. A, title V, § 583(a), Jan. 1, 2021, 134 Stat. 3653; Pub. L. 117–81, div. A, title V, § 561, title X, § 1081(a)(24), Dec. 27, 2021, 135 Stat. 1746, 1920.) Editorial Notes CODIFICATION Text of section, as added by Pub. L. 115–91, is based on text of subsecs. (a), (b), (d), and (e) of section 554 of