OPNAVINST 1740.4C
U. S. Navy Family Care Policy
Presented by:
YN1(SS) Adam Davis
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PURPOSE:
To assist service members in developing workable Family Care
Plans and establishing procedural requirements and outlining several
legal options per DoD Instruction 1342.19.
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LEGAL EFFECTIVENESS OUTSIDE THE MILITARY:
The Family Care Plan is a
planning tool.
It is not intended to create or modify any existing
legal interest or right.
The Family Care Plan may not be legally
binding to third parties, non-military personnel, or non-military
institutions. Without legal formalities the Family Care Plan may not be
accepted or enforceable against the natural or adoptive parent(s)
of
the minor child(ren) in question, other persons or agencies with a legal
interest in the minor child(ren) in question, public and private
schools, day care providers, health care providers, and courts.
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When single, domestically separated, and/or divorced service members
with minor children are required to travel unaccompanied for extended
periods of time there is a possibility that other natural, adoptive,
or others with legally enforceable rights will challenge the Family
Care Plan or existing court orders and seek to create or modify the
custody and support status of the service member’s minor children.
These service members are to contact your Legal Assistance Office for
advice and assistance in evaluating the effectiveness of their Family
Care Plan and complying with any legal formalities necessary to
prevent unwanted challenges to custody and support arrangements.
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REQUIREMENTS:
Service members are responsible for ensuring family
member/dependents are taken care of during any type of deployment. The
primary responsibility for initiating and developing a Family Care Plan
lies with the service member.
In addition, the service member is
required to provide the caregiver with all information and documentation
necessary to execute the Family Care Plan.
Formal documentation of a
members Family Care Plan is required under any of the following
conditions:
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A service member with primary or shared physical custody of a minor
child who is not married to the other natural or adoptive parent.
Both members of a married dual-military couple where one or both have
primary or shared physical custody of a minor child.
Service members who are legally responsible for an adult family
member who is incapable of providing for themselves in the absence of
the service member.
Family circumstances or other personal status changes that may result
in a service member becoming legally and primarily responsible for
the care of another person.
Including: birth, adoption, or
guardianship of a minor child.
Loss of a spouse through death,
separation, or divorce or spouses injury or illness is of such a
nature that the spouse is unable to care for the minor child.
Enlistment or commissioning in any military service; assumption of
the sole legal custody or care of an elderly person; family member
who has limited command of the local language, is unable to drive or
otherwise gain access to life-sustaining facilities.
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The family care plan shall designate one or more caregivers who agree to
provide for the service member’s minor child and/or adult family member.
NAVPERS 1740/6, DON Family Care Plan Certificate and NAVPERS 1740/7,
Family Care Plan Arrangements, shall be used to document the Family Care
Plan.
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A copy of all Powers of Attorneys shall be included with the NAVPERS
1740/6! Along with any other legal documents.
It shall contain written provisions for: short-term absence; longterm absences; other kind of absences; arrangements for financial
wellbeing; financial, legal, and medical support; relocation of the
family caregiver(s);alternate caregivers; verification of consents;
crisis/disaster situations; any other information deemed necessary by
the Commanding Officer.
Military mothers of newborns shall be deferred from travel away from the
home station for 4-months following the delivery. This provision is to
assist the service member in developing a Family Care Plan and to
establish a pattern of child care.
Service members who adopt a child
shall be given the same consideration. Similarly, reserve members shall
be deferred from involuntarily recall to active duty for 4 months
following birth or adoption.
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ACTION:
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Service members shall:
Submit a new or updated Family Care Plan to the CO or designated
representative within 60 days of the following:
change of a
previously designated caregiver; upon the birth, adoption, or
obtaining guardianship of a minor child; change in personal or family
circumstances; reporting to a new duty station; receipt of this
instruction.
Verify the validity of the Family Care Plan:
Annually; prior to
reenlistment or extension of obligated service; prior to negotiating
orders and then prior to executing PCS orders; prior to affiliation,
enlistment, or reenlistment in the selected reserve.
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Commands shall designate someone as the Family Care Plan Coordinator who
will act as the CO’s representative. The FCP Coordinator shall ensure
that all Family Care Plans meet the requirements of this instruction.
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Depending on the amount of obligated service remaining and the level of
family support required, NAVPERSCOM (PERS-4) may reassign service
members, or one or both service members in the case of dual-military, to
a shore-based assignment.
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CO’s of military installations shall:
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Ensure caregivers are permitted to use installation facilities
on behalf of the service member in caring for family
member/dependents during the absence of the service member.
Ensure Fleet and Family Support Centers under their command
provide services as delineated in this instruction.
Ensure assistance is available to support Family Care Plan
Coordinators as necessary.