Department of Defense
INSTRUCTION
NUMBER 1402.05
September 11, 2015
Incorporating Change 1, Effective July 14, 2016
USD(P&R)
SUBJECT: Background Checks on Individuals in DoD Child Care Services Programs
References: See Enclosure 1
1. PURPOSE. In accordance with the authority in DoD Directive 5124.02 (Reference (a)), this
instruction reissues DoD Instruction (DoDI) 1402.5 (Reference (b)) and implements section
13041 of Title 42, United States Code (U.S.C.) (Reference (c)) to establish policy, assign
responsibilities, and provide procedures to conduct criminal history checks on individuals
involved in the provision of child care services for children under the age of 18 in DoD
sanctioned child care services programs.
2. APPLICABILITY. This instruction applies to OSD, the Military Departments, the Office of
the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the
Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD
Field Activities, and all other organizational entities within the DoD (referred to collectively in
this instruction as the “DoD Components”).
3. POLICY. It is DoD policy that:
a. Individuals who have regular contact with children under 18 years of age in DoD-
sanctioned child care services programs will undergo a criminal history background check in
order to protect the health, safety, and well-being of children in such programs.
b. All individuals who have regular contact with children under 18 years of age in DoD-
sanctioned child care services programs and who also have a current or prior DoD affiliation
must also undergo an installation records check (IRC).
c. DoD Component heads are delegated the authority to make suitability determinations and
take subsequent actions in cases involving applicants and appointees to covered positions as
defined by part 731.101 of Title 5, Code of Federal Regulations (Reference (d)), subject to the
conditions in part 731.103 of Reference (d). This authority may be further delegated to
authorized management officials, in writing, in accordance with Volume 731 of DoD Instruction
1400.25 (Reference (e)).
