RAAUZYUW RUENAAA1234 1141056-UUUU--RUCRNAD. ZNR UUUUU ZUI RUEWMCF0833 1141127 R 241056Z APR 06 ZYB MIN ZYW PSN 553845K30 FM CNO WASHINGTON DC//N1NT// TO NAVADMIN BT 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.// BT #1234 NNNN