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R 241056Z APR 06 ZYB MIN ZYW PSN 553845K30
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TO NAVADMIN
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UNCLAS //N01752//
NAVADMIN 113/06
MSGID/GENADMIN/CNO WASHINGTON DC/N1NT/APR//
SUBJ/RESTRICTED REPORTING POLICY FOR INCIDENTS OF DOMESTIC ABUSE//
GENTEXT/REMARKS/1. A DEPUTY SECRETARY OF DEFENSE MEMORANDUM RELEASED
22 JANUARY 2006 EXPANDED REPORTING POLICY FOR INCIDENTS OF DOMESTIC
ABUSE TO ALLOW UNRESTRICTED AND RESTRICTED REPORTING OF DOMESTIC
ABUSE. ALTHOUGH A VICTIM'S DECISION TO REPORT A DOMESTIC ABUSE
INCIDENT IS CRUCIAL TO HOLD THE OFFENDER ACCOUNTABLE, IT CAN HAVE
POTENTIAL SERIOUS CONSEQUENCES FOR THE SAFETY AND WELFARE OF THE
VICTIM AND OTHER FAMILY MEMBERS. COMMANDERS HAVE A RESPONSIBILITY
TO ENSURE COMMUNITY SAFETY AND DUE PROCESS OF LAW, BUT THEY MUST
ALSO RECOGNIZE THE IMPORTANCE OF PROTECTING THE SAFETY AND
WELL-BEING OF VICTIMS AND FAMILY MEMBERS.
2. DOMESTIC ABUSE IS DEFINED AS DOMESTIC VIOLENCE, OR A PATTERN OF
BEHAVIOR RESULTING IN EMOTIONAL/PSYCHOLOGICAL ABUSE, ECONOMIC
CONTROL, AND/OR INTERFERENCE WITH PERSONAL LIBERTY THAT IS DIRECTED
TOWARD A PERSON OF THE OPPOSITE SEX WHO IS: (A) A CURRENT OR FORMER
SPOUSE; (B) A PERSON WITH WHOM THE ABUSER SHARES A CHILD IN COMMON;
OR (C) A CURRENT OR FORMER INTIMATE PARTNER WITH WHOM THE ABUSER
SHARES OR HAS SHARED A COMMON DOMICILE.
3. THE NAVY IS FULLY COMMITTED TO ENSURING VICTIMS OF DOMESTIC
ABUSE ARE PROTECTED; TREATED WITH DIGNITY AND RESPECT; AND PROVIDED
SUPPORT, ADVOCACY, AND CARE. ADDITIONALLY, THE NAVY ALSO STRONGLY
SUPPORTS EFFECTIVE COMMAND AWARENESS AND PREVENTION PROGRAMS AND LAW
ENFORCEMENT AND CRIMINAL JUSTICE ACTIVITIES THAT WILL MAXIMIZE
ACCOUNTABILITY AND PROSECUTION OF DOMESTIC ABUSE. WHILE NAVY POLICY
PREFERS THAT PERSONNEL REPORT ALL SUSPECTED CASES OF DOMESTIC ABUSE,
THE REQUIREMENT FOR ALL DOMESTIC ABUSE INCIDENTS TO BE REPORTED CAN
REPRESENT A BARRIER FOR VICTIMS WHO WOULD NOT SEEK MEDICAL AND
VICTIM SERVICES WHEN DOING SO WOULD REQUIRE COMMAND OR LAW
ENFORCEMENT NOTIFICATION.
4. THIS NAVADMIN PROVIDES THE FRAMEWORK FOR CONFIDENTIAL,
RESTRICTED REPORTING FOR VICTIMS OF DOMESTIC ABUSE. RESTRICTED
REPORTING IS LIMITED TO ADULT VICTIMS OF DOMESTIC ABUSE WHO ARE
ELIGIBLE TO RECEIVE MILITARY MEDICAL TREATMENT AS OUTLINED IN
PARAGRAPH 2 ABOVE. THIS INCLUDES CIVILIANS AND CONTRACTORS WHO ARE
ELIGIBLE TO RECEIVE MILITARY HEALTHCARE OUTSIDE THE CONTINENTAL
UNITED STATES ON A REIMBURSABLE BASIS. ADDITIONALLY, THIS POLICY
PROVIDES ADULT VICTIMS OF DOMESTIC ABUSE TWO OPTIONS OF REPORTING.
THOSE WILL BE REFERRED TO AS UNRESTRICTED AND RESTRICTED REPORTING.
A. UNRESTRICTED REPORTING. DOMESTIC ABUSE VICTIMS WHO WANT TO
PURSUE AN OFFICIAL INVESTIGATION SHOULD USE CURRENT REPORTING
PROCEDURES (I.E., CHAIN OF COMMAND, FAMILY ADVOCACY PROGRAM (FAP),
OR LAW ENFORCEMENT). A VICTIM ADVOCATE WILL BE NOTIFIED UPON
RECEIPT OF AN UNRESTRICTED REPORT AND WILL OFFER THE VICTIM SUPPORT
AND INFORMATION PER DODD 6400.1 (FAP) AND OPNAVINST 1752.2A (FAP)
REQUIREMENTS. ADDITIONALLY, AT THE VICTIM'S DISCRETION/REQUEST,
A HEALTHCARE PROVIDER SHALL CONDUCT ANY MEDICAL EXAMINATION DEEMED
APPROPRIATE. DETAILS REGARDING THE INCIDENT WILL BE LIMITED TO ONLY
THOSE PERSONNEL WHO HAVE A LEGITIMATE NEED TO KNOW.
B. RESTRICTED REPORTING. DOMESTIC ABUSE VICTIMS WHO DESIRE
RESTRICTED REPORTING MUST REPORT THE ABUSE TO ONE OF THE FOLLOWING
INDIVIDUALS: A VICTIM ADVOCATE, A HEALTHCARE PROVIDER (BOTH AFLOAT
AND ASHORE), OR A VICTIM ADVOCATE SUPERVISOR. HEALTHCARE PROVIDERS
INCLUDE CLINICAL COUNSELORS WHO PROVIDE SERVICES IN NAVY FLEET AND
FAMILY SUPPORT CENTERS AND THOSE WHO ALSO OPERATE AS VICTIM ADVOCATE
SUPERVISORS. THIS AFFORDS A VICTIM ACCESS TO MEDICAL CARE,
COUNSELING, AND VICTIM ADVOCACY WITHOUT INITIATING THE INVESTIGATIVE
PROCESS. WHEN INDICATED, A VICTIM UNDER RESTRICTED REPORTING MAY
REQUEST A HEALTHCARE PROVIDER CONDUCT A MEDICAL EXAMINATION FOR THE
PURPOSES OF COLLECTION AND PRESERVATION OF EVIDENCE WITH
NONIDENTIFYING INFORMATION. NAVY IMPLEMENTATION PROCEDURES FOR THE
COLLECTION AND PRESERVATION OF EVIDENCE WILL BE ADDRESSED BY
SEPARATE CORRESPONDENCE.
C. VICTIMS WILL ACKNOWLEDGE IN WRITING THEIR ELECTION AND
UNDERSTANDING OF THE BENEFITS AND LIMITATIONS OF RESTRICTED OR
UNRESTRICTED REPORTING. IN CASES WHERE AN ADULT VICTIM ELECTS
RESTRICTED REPORTING, THE VICTIM ADVOCATE AND HEALTHCARE PROVIDERS
MAY NOT DISCLOSE COVERED COMMUNICATIONS EITHER TO THE VICTIM'S OR
ALLEGED OFFENDER'S COMMANDER OR TO LAW ENFORCEMENT, EXCEPT AS
OUTLINED IN PARA D BELOW. CONSISTENT WITH CURRENT POLICY, VICTIMS
MAY ALSO REPORT DOMESTIC ABUSE TO A CHAPLAIN AND BE AFFORDED
PRIVILEGED COMMUNICATION WHICH IS NOT ALTERED OR AFFECTED BY THIS
NEW GUIDANCE.
D. EXCEPTIONS TO CONFIDENTIALITY AND RESTRICTED REPORTING AND
LIMITATIONS ON USE. IN CASES WHERE A VICTIM ELECTS RESTRICTED
REPORTING, THE PROHIBITIONS ON DISCLOSING COVERED COMMUNICATIONS TO
THE FOLLOWING PERSONS OR ENTITIES WILL BE SUSPENDED WHEN DISCLOSURE
WOULD BE FOR ONE OF THE FOLLOWING REASONS:
(1) WHEN DISCLOSURE TO NAMED INDIVIDUALS IS AUTHORIZED BY
THE VICTIM IN WRITING.
(2) WHEN, IN THE JUDGEMENT OF THE HEALTHCARE PROVIDER OR THE
VICTIM ADVOCATE, DISCLOSURE TO COMMAND OFFICIALS OR LAW ENFORCEMENT
IS NECESSARY TO PREVENT OR LESSEN A SERIOUS AND IMMINENT THREAT TO
THE HEALTH OR SAFETY OF THE VICTIM OR ANOTHER PERSON.
(3) WHEN, AS A RESULT OF THE VICTIM'S DISCLOSURE, THE VICTIM
ADVOCATE OR HEALTHCARE PROVIDER HAS REASONABLE BELIEF THAT CHILD
ABUSE HAS ALSO OCCURRED. DISCLOSURE WILL BE TO FAP AND ANY OTHER
AGENCIES AUTHORIZED BY LAW TO RECEIVE CHILD ABUSE REPORTS. HOWEVER,
DISCLOSURE WILL BE LIMITED ONLY TO INFORMATION RELATED TO THE CHILD
ABUSE.
(4) WHEN DISCLOSURE BY A HEALTHCARE PROVIDER TO DISABILITY
RETIREMENT BOARDS AND OFFICIALS IS REQUIRED FOR FITNESS FOR DUTY OR
FOR DISABILITY RETIREMENT DETERMINATIONS, LIMITED TO ONLY THAT
INFORMATION WHICH IS NECESSARY TO PROCESS THE DISABILITY RETIREMENT
DETERMINATION.
(5) WHEN DISCLOSURE IS REQUIRED FOR THE SUPERVISION OF
DIRECT VICTIM TREATMENT OR SERVICES.
(6) WHEN A MILITARY, FEDERAL, OR STATE JUDGE ISSUES A
SUBPOENA FOR THE COVERED COMMUNICATION TO BE PRESENTED TO A MILITARY
OR CIVILIAN COURT OF COMPETENT JURISDICTION OR TO OTHER OFFICIALS OR
ENTITIES.
(7) WHEN DISCLOSURE IS REQUIRED BY FEDERAL OR STATE STATUTE
OR APPLICABLE U.S. INTERNATIONAL AGREEMENT.
E. HEALTHCARE PROVIDERS MAY ALSO CONVEY TO THE VICTIM'S
COMMANDER, IF APPLICABLE, ANY POSSIBLE ADVERSE DUTY IMPACT RELATED
TO AN ACTIVE DUTY VICTIMS MEDICAL CONDITION AND PROGNOSIS PER DOD
6025.18-R, DOD HEALTH INFORMATION PRIVACY REGULATION. HOWEVER, SUCH
CIRCUMSTANCES DO NOT WARRANT AN EXCEPTION TO POLICY UNDER WHICH
DETAILS OF THE DOMESTIC ABUSE ARE CONSIDERED TO BE A COVERED
COMMUNICATION AND MAY NOT BE DISCLOSED. CONFIDENTIALITY OF MEDICAL
INFORMATION WILL BE MAINTAINED REGARDLESS OF WHETHER THE VICTIM
CHOOSES RESTRICTED OR UNRESTRICTED REPORTING.
F. IF THE VICTIM ADVOCATE OR HEALTHCARE PROVIDER BELIEVES THAT
DISCLOSURE IS WARRANTED OR REQUIRED PURSUANT TO ONE OF THE
EXCEPTIONS LISTED ABOVE, THE VICTIM ADVOCATE OR HEALTHCARE PROVIDER
SHALL FIRST CONSULT WITH HIS OR HER SUPERVISOR AND SERVICING LEGAL
OFFICE PRIOR TO DISCLOSURE. WHEN THERE IS UNCERTAINTY OR
DISAGREEMENT ON WHETHER AN EXCEPTION APPLIES, THE MATTER WILL BE
BROUGHT TO THE ATTENTION OF THE INSTALLATION COMMANDER FOR DECISION.
THE VICTIM ADVOCATE OR HEALTHCARE PROVIDER MUST MAKE EVERY
REASONABLE EFFORT TO PROVIDE THE AFFECTED VICTIM ADVANCE NOTICE OF
THE INTENTION TO DISCLOSE A COVERED COMMUNICATION. THIS ADVANCED
NOTICE WILL INCLUDE A DESCRIPTION OF THE INFORMATION TO BE
DISCLOSED, THE BASIS FOR DISCLOSURE, AND THE INDIVIDUAL, GROUP, OR
AGENCY TO WHICH IT WILL BE DISCLOSED. THE DISCLOSURE WILL BE
LIMITED TO INFORMATION NECESSARY TO SATISFY THE PURPOSE OF THE
EXCEPTION. FURTHER DISCLOSURE WILL NOT BE MADE UNLESS THE DOMESTIC
ABUSE VICTIM AUTHORIZES DISCLOSURE IN WRITING.
G. WHEN A VICTIM DISCLOSES DOMESTIC ABUSE TO SOMEONE NOT
DESIGNATED AS A VICTIM ADVOCATE, HEALTHCARE PROVIDER, OR VICTIM
ADVOCATE SUPERVISOR, THAT DISCLOSURE MAY RESULT IN COMMAND
NOTIFICATION AND INVESTIGATION OF THE ALLEGATIONS. WHEN INFORMATION
REGARDING A DOMESTIC ABUSE CASE IS DISCLOSED TO THE COMMAND OR THE
FAMILY ADVOCACY PROGRAM FROM A SOURCE INDEPENDENT OF THE RESTRICTED
REPORTING AVENUES, LAW ENFORCEMENT SHALL BE NOTIFIED AND WILL
CONDUCT AN INVESTIGATION WHEN APPROPRIATE. CONSISTENT WITH CURRENT
POLICY, COMMANDERS ACQUIRING INFORMATION UNDER THESE CIRCUMSTANCES
ABOUT A DOMESTIC ABUSE INCIDENT SHALL IMMEDIATELY NOTIFY LAW
ENFORCEMENT AND FAMILY ADVOCACY PROGRAM PERSONNEL.
H. IMPROPER DISCLOSURE OF COVERED COMMUNICATIONS, IMPROPER
RELEASE OF MEDICAL INFORMATION, AND OTHER VIOLATIONS OF THIS NEW
POLICY ARE PROHIBITED AND MAY RESULT IN DISCIPLINE UNDER THE UCMJ,
LOSS OF PRIVILEGES, AND/OR OTHER ADVERSE PERSONNEL OR ADMINISTRATIVE
ACTIONS.
5. THIS POLICY DOES NOT CREATE ANY ACTIONABLE RIGHTS FOR THE
ALLEGED OFFENDER OR THE VICTIM, NOR DOES IT CONSTITUTE A GRANT OF
IMMUNITY FOR ANY ACTIONABLE CONDUCT BY OFFENDER OR VICTIM. COVERED
COMMUNICATIONS THAT HAVE BEEN DISCLOSED MAY BE USED IN DISCIPLINARY
PROCEEDINGS AGAINST THE OFFENDER OR VICTIM, EVEN IF THE
COMMUNICATION WAS IMPROPERLY DISCLOSED.
6. DOD AND NAVY LEADERSHIP RECOGNIZE THE POTENTIAL IMPACT OF
RESTRICTED REPORTING ON INVESTIGATIONS AND THE ABILITY OF COMMANDING
OFFICERS TO HOLD PERPETRATORS ACCOUNTABLE. SUCH RISKS WERE
CAREFULLY CONSIDERED AND WERE OUTWEIGHED BY THE OVERALL INTEREST OF
PROVIDING DOMESTIC ABUSE VICTIMS ACCESS TO MEDICAL CARE AND SUPPORT.
7. THE MAGNITUDE OF THIS NEW POLICY AND OPERATING FRAMEWORK
REQUIRES EXTENSIVE, IN-DEPTH TRAINING FOR NAVY PERSONNEL AND
SPECIALIZED TRAINING FOR COMMANDERS, VICTIM ADVOCATES AND
SUPERVISORS, NAVAL CRIMINAL INVESTIGATIVE SERVICES, LAW ENFORCEMENT,
CHAPLAINS, LEGAL STAFF, AND HEALTHCARE PROVIDERS. FURTHER GUIDANCE
AND WRITTEN CLARIFICATION WILL FOLLOW.
8. COMMANDER, NAVY INSTALLATIONS COMMAND, AS THE NAVY PROGRAM
MANAGER FOR FAMILY ADVOCACY, FLEET AND FAMILY SUPPORT CENTER
CLINICAL COUNSELING, AND DOMESTIC ABUSE VICTIM ADVOCACY, WILL
PROVIDE DETAILED GUIDANCE FOR SERVICE PROVIDERS OPERATING WITHIN
THOSE PROGRAM AREAS. BUREAU OF MEDICINE AND SURGERY WILL ISSUE
IMPLEMENTING GUIDANCE FOR HEALTHCARE PROVIDERS OPERATING WITHIN NAVY
MEDICAL AND DENTAL TREATMENT FACILITIES.
9. POC: MR. STEVEN ZAHL AT (901) 874-4355/DSN 882.
10. RELEASED BY VADM J. C. HARVEY, JR., N1/NT.//
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