OPNAVINST 1740.4C U. S. Navy Family Care Policy Presented by: YN1(SS) Adam Davis

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. 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. 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.

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: 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.

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. 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; long-term 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.

ACTION: 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. 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. 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.

CO’s of military installations shall: 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.