Justia Regulation Tracker

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[Federal Register: January 5, 2009 (Volume 74, Number 2)]
[Notices]               
[Page 330-331]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ja09-105]                         

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DEPARTMENT OF STATE

[Public Notice 6472]

 
Family Advocacy Case Records

SUMMARY: Notice is hereby given that the Department of State proposes 
to create a new system of records, pursuant to the provision of the 
Privacy Act of 1974 as amended (5 U.S.C. 552a) and Office of Management 
and Budget Circular No. A-130, Appendix I. The Department's report was 
filed with the Office of Management and Budget on December 29, 2008.
    It is proposed that the system be named ``Family Advocacy Case 
Records System.'' The system description will specify that Family 
Advocacy Case Record System maintains records concerning alleged, 
suspected or established child abuse or neglect or domestic violence on 
individuals who have been the subject of the Department of State's 
Family Advocacy Program, including individuals who are or were under 
the authority of a Chief of Mission at a post abroad. Individuals whose 
information is continued in the system of records may include children 
who are alleged to have been the subject of abuse or neglect, family 
members of such children, alleged perpetrators of such abuse or neglect 
and those involved with allegations of domestic violence.
    Any persons interested in commenting on the new Family Advocacy 
Case Records system of records may do so by submitting comments in 
writing to Margaret P. Grafeld, Director, Office of Information 
Programs and Service, A/ISS/IPS, SA-2, 515 22nd Street, NW., Department 
of State, Washington, DC 20522-8001. The new system of records for the 
Family Advocacy Case Records will be effective, unless comments are 
received 40 days from the date of publication that result in a contrary 
determination.
    This new system description will read as set forth below.

    Dated: December 29, 2008.
William H. Moser,
Acting Assistant Secretary for the Bureau of Administration, Department 
of State.
State-75

SYSTEM NAME:
    Family Advocacy Case Records.

SECURITY CLASSIFICATION:
    Primarily unclassified but may include classified information.

SYSTEM LOCATION:
    Department of State, Office of Medical Services, SA-1, 2401 E 
Street, NW., Washington, DC 20522, and at overseas posts.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who have been the subject of the Department of State 
Family Advocacy Program, including but not limited to individuals who 
are or were under the authority of a Chief of Mission at a post abroad. 
Individuals may include children who are alleged to have been the 
subject of abuse or neglect, family members of such children, and the 
alleged perpetrators of such abuse or neglect. Individuals also may 
include those involved with allegations of domestic violence.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Section 226 of the Victims of Child Abuse Act of 1990 42 U.S.C. 
13031; sections 201, 206, 207 of Foreign Service Act of 1980 22 U.S.C. 
3921, section 3926, section 3927 (Management of the Foreign Service); 
section 904 of the Foreign Service Act, 22 U.S.C. 4084 (Health Care for 
the Foreign Service); 5 U.S.C. 301 (Management of the Department of 
State); 22 U.S.C. 4802, Executive Order 10450; and 28 CFR 81.1 et seq.

CATEGORIES OF RECORDS IN THE SYSTEM:
    All available information concerning alleged, suspected or 
established child abuse or neglect or domestic violence. Included could 
be medical records, reports from medical officers at post, health care 
records from post, Family Advocacy Committee and Post Family Advocacy 
Team recommendations, law enforcement investigative reports, Regional 
Security Officer reports, witness reports, telegrams, email 
communications, correspondence, evaluative reports by medical and other 
professionals, photographs, lab results, x-rays, court documents, legal 
documents such as power of attorney, and other related records.

PURPOSE:
    The information in this system is used at post by members of the 
Family Advocacy Team and in the Department of State by the Family 
Advocacy Committee. The information may be shared within the Department 
of State on a need to know basis and in medical clearance 
determinations for overseas assignment of covered employees and family 
members, as well as for making determinations involving curtailment, 
medical evacuation, suitability, and security clearance.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSE OF SUCH USES:
    The routine uses of the information also include:
    (1) In cases of suspected child abuse, to the officials designated 
to receive reports of such cases pursuant to the Victims of Child Abuse 
Act of 1990;
    (2) In cases of suspected child abuse or neglect, or domestic 
violence, to the appropriate federal, state, local or foreign 
government officials who may be involved with the investigation, 
prosecution, or the provision of services in such cases;
    (3) To medical professionals, health care providers, and social 
workers, for purposes of providing treatment and/or services to the 
individuals covered by this system of records;
    (4) To other United States Government agencies and local 
authorities in the performance of their official duties relating to 
coordination of family advocacy programs, medical care and research 
concerning child abuse and neglect, and domestic abuse in cases 
involving employees; or
    (5) To medical professionals to whom referrals are being made for 
evaluation and/or diagnostic assessments.
    Also see ``Routine Uses'' paragraph of the Prefatory Statement 
published in the Federal Register.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Paper.

RETRIEVABILITY:
    Individual name.

SAFEGUARDS:
    All Department of State employees and contractors with authorized 
access

[[Page 331]]

have undergone a thorough background security investigation. All users 
must pass training on the correct procedures for handling Sensitive but 
Unclassified and personally identifiable information. Annual refresher 
training is mandatory.
    Access to the Department of State, its annexes and posts overseas 
is controlled by security guards and admission is limited to those 
individuals possessing a valid identification card or individuals under 
proper escort. All records containing Family Advocacy Case information 
are maintained in secured file cabinets in restricted areas, access to 
which is limited to authorized personnel.

RETENTION AND DISPOSAL:
    Records will be maintained until they become inactive, at which 
time they will be retired or destroyed in accordance with published 
records schedules of the Department of State as approved by the 
National Archives and Records Administration. More specific information 
may be obtained by writing to the Director, Office of Information 
Programs and Services, A/ISS/IPS, SA-2, Department of State, 515 22nd 
Street, NW., Washington DC 20522-8001.

SYSTEM MANAGER AND ADDRESS:
    Director, Mental Health Services, Office of Medical Services, U.S. 
Department of State, SA-1, 2401 E Street, NW., Washington, DC 20522. At 
overseas locations, the on-site system manager is the head of the 
Family Advocacy Team at post.

NOTIFICATION ACCESS AND AMENDMENT PROCEDURES:
    Individuals who believe that the Office of Medical Services may 
have records pertaining to them may write to the Director, Office of 
Information Programs and Services, A/ISS/IPS, SA-2, Department of 
State, 515 22nd Street, NW., Washington DC 20522-8001, and specify that 
he/she wishes the Family Advocacy Case Records to be reviewed. At a 
minimum, the individual should include: Name, date and place of birth, 
current mailing address and zip code, signature, a brief description of 
the circumstances that may have caused the creation of the record, and 
the approximate date(s) of the records.

RECORD ACCESS AND AMENDMENT PROCEDURES:
    Individuals who wish to gain access to or to amend records 
pertaining to them may write to the Director, Office of Information 
Programs and Services (address above).

RECORD SOURCE CATEGORIES:
    Records contain information obtained primarily from the individual 
who is the subject of the records, medical professionals and other 
health care providers, social workers, investigating officers, 
prosecuting attorneys, witnesses, and Family Advocacy Team and 
Committee members, and other United States Government agencies.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE PRIVACY ACT:
    Pursuant to 5 U.S.C. 552a(k)(1) and (k)(2), certain records 
contained in this system of records are exempt from 5 U.S.C. (a)(c)(3), 
(d)(e)(1), (e)(4)(G), (H), (I), and (f) in accordance with Department 
of State rules published in the Federal Register.

[FR Doc. E8-31339 Filed 1-2-09; 8:45 am]

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