What Is A Family Care Plan?

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Family Care Plan

Please note that this Information Paper only provides basic


information and is not intended to serve as a substitute for
personal consultations with a Legal Assistance Attorney.

What is a Family Care Plan?


A Family Care Plan (FCP) is a method by which the Army ensures a Soldier’s “Family
Member(s)” are taken care of when the Soldier is absent due to military requirements.
Pursuant to the FCP, the Soldier will appoint a “guardian” for the family member to act
in the Soldier’s place while he or she is unavailable. The governing regulation is AR
600-20.

For purposes of the FCP, who are “Family Members” and what is a “Guardian?”
A Family Member is defined as a child under the age of 19 or any other family
member who is incapable of self-care and dependent on the sponsor for total
support and/or care.
A Guardian is a person appointed by the Soldier to take care of the Family Member’s
health, safety, and welfare when the Soldier is unable to do so. The Soldier should
discuss with the guardian all responsibilities, rights, and entitlements the Family
Member is entitled to. The guardian is not entitled to access military facilities, or
obtain military services, or other military benefits for personal use, unless they are
otherwise entitled to do so due to status as a current Servicemember, military retiree,
and so forth.
What a Family Care Plan is not.
A FCP is not a legal document that can change an existing court order regarding
custody, nor can a FCP interfere with a natural parent’s right over custody of their
child. Soldiers should complete their FCP taking into account any existing custody
arrangements. If your selections on your FCP conflict with an existing court order or
names someone other than the child’s natural parent as the guardian, please
contact the Stuttgart Law Center.

Who needs a Family Care Plan?


The Army recommends that ALL Soldiers and emergency-essential civilians with
Family Members have a FCP in place. However, a FCP is MANDATORY for the
following:
1. A pregnant Soldier who—
a. Has no spouse; is divorced, widowed, or separated; or is
residing without her spouse.
b. Is married to another Servicemember of an AA or RC of
any Service (Army, Air Force, Navy, Marines, or Coast
Guard).
2. A Soldier who has no spouse; is divorced, widowed, or separated, or
is residing apart from his or her spouse; who has joint or full legal
and physical custody of one or more Family Members under the age
of 19; or who has adult Family Members incapable of self-care
regardless of age.

3. A Soldier who is divorced and not remarried, and who has liberal or
extended visitation rights by court decree that allows Family
Members to be solely in the Soldier’s care in excess of 30
consecutive days.

4. A Soldier whose spouse is incapable of self-care or is otherwise


physically, mentally, or emotionally disabled so as to require
special care or assistance.

5. A Soldier categorized as half of a dual-military couple of the AA or


RC of any Service (Army, Air Force, Navy, Marines, or Coast
Guard) who has joint or full legal custody of one or more Family
Members under age 19 or who has adult Family Members
incapable of self-care regardless of age.

Where and when do I file my Family Care Plan?


FCPs are approved by the Soldier’s unit commander and kept in the unit files.
Depending on a Soldier’s situation, there are either one or two steps to
completing a FCP, and timing requirements vary.
If the Soldier is not required to have a FCP, but wishes to put one into place they
may do so at any time. If the Soldier is required per regulation to have a FCP (as
discussed above), the following steps must be taken:
1. The Soldier will be counseled using DA Form 5304 as soon as
possible upon arriving at their assigned unit.
2. That Soldier, if on active duty, must have the DA Form 5305
completed and approved within thirty (30) days of being counseled.
National Guard and reservists have sixty (60) days from the date of
counseling to complete DA Form 5305.

What happens if I don’t have a Family Care Plan or my parental


responsibilities interfere with my military duties?
It is the Soldier’s responsibility to implement a FCP and ensure their Family Members
are taken care of when the Soldier is unavailable. Should a Soldier’s parental
responsibilities interfere with their service obligations, they will be counseled on
voluntary and involuntary separation procedures. This is true for both officers and
enlisted personnel.
What constitutes a valid Family Care Plan?

Depending on the Soldier’s circumstances, the documents needed to have a


complete FCP packet will vary. However, a FCP packet that evidences a Soldier has
made adequate arrangements for their Family Members includes:
1. DA Form 5305 – Family Care Plan
2. DA Form 5841 – Power of Attorney for Guardianship* (or other power of
attorney or legal document designating guardian(s) for the Family
Member)
3. Notarized DA form 5840 – Certificate of Acceptance as Guardian or
Escort (to be completed by the guardian named in DA Form 5841 or
other document)
4. Completed DD Form 1172-2 – Application for Identification
Card/DEERS Enrollment (to be completed for each dependent Family
Member of the Soldier)
5. Completed DD Form 2558 – Authorization to Stop, Start, or Change
Allotment*
(or proof of other adequate financial arrangements for care of dependents)
6. Letters of instruction containing additional pertinent information for
guardian(s)
7. Completed DA Form 7667 – Family Care Plan Preliminary Screening
8. Copies of any child custody order or martial separation agreements,
currently in effect, that impact custody of minor children.
9. Completed DA Form 7666 – Parental Consent (when appropriate)

* - these forms remain unsigned until the Solider deploys.

Conclusion
If you have questions regarding a FCP please schedule an appointment with the USAG
Stuttgart Law Center.

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