R 020829Z MAY 06
FM CMC WASHINGTON DC(UC)
TO AL MARADMIN(UC)
UNCLASSIFIED//
MARADMIN 206/06
MSGID/GENADMIN/CMC WASHINGTON DC/MR//
SUBJ/RESTRICTED REPORTING POLICY FOR INCIDENTS OF DOMESTIC ABUSE//
REF/A/MSGID:DEPSECDEF /MEMO/YMD:20060122//
REF/B/MSGID:DODD 6400.1/-/-//
REF/C/MSGID:SECNAVINST 1752.3B/-/-//
REF/D/MSGID:MCO P1700.24B/-/-//
REF/E/USD MEMO/YMD:20041022//
NARR/REF A IS DEPUTY SECRETARY OF DEFENSE MEMO DTD 22 JAN 06,
RESTRICTED REPORTING POLICY FOR INCIDENTS OF DOMESTIC ABUSE, REF B
IS DODD 6400.1, FAMILY ADVOCACY PROGRAM (FAP), REF C IS SECNAVINST
1852.3B, FAMILY ADVOCACY PROGRAM, REF D IS MCO P1700.24B, MARINE
CORPS PERSONAL SERVICES MANUAL, AND REF E IS UNDER SECRETARY OF
DEFENSE MEMO DTD 22 OCT 04, ESTABLISHING PROTOCOLS FOR LAW
ENFORCEMENT AND COMMAND RESPONSES TO DOMESTIC VIOLENCE INVOLVING
MILITARY MEMBERS ON ACTIVE DUTY.//
POC/MARY CAMPISE/GS-13/MRRO/-/TEL:703-784-9546//
GENTEXT/REMARKS/1.  PER REF (A), DOD EXPANDED ITS REPORTING POLICY
FOR INCIDENTS OF DOMESTIC ABUSE TO INCLUDE "RESTRICTED" REPORTING
EFFECTIVE 22 APRIL 2006.  DOMESTIC ABUSE DETRACTS FROM MILITARY
PERFORMANCE, NEGATIVELY IMPACTS THE EFFICIENT FUNCTIONING AND
MORALE OF MILITARY UNITS, DIMINISHES THE REPUTATION AND PRESTIGE
OF THE MARINE CORPS, AND AFFECTS INDIVIDUALS, FAMILIES, AND
COMMUNITIES.
2.  A VICTIM IS OFTEN CONCERNED THAT SEEKING ASSISTANCE WILL HAVE
IMMEDIATE REPERCUSSIONS ON THE MILITARY CAREER OF THE FAMILY MEMBER
OFFENDER, THEREBY AFFECTING THE FAMILY'S FINANCIAL WELFARE.
THIS POTENTIAL IMPACT MAY DETER SOME VICTIMS FROM SEEKING CARE OR
REPORTING DOMESTIC ABUSE INCIDENTS.
3.  OFFENDER ACCOUNTABILITY, THROUGH PROMPT ADMINISTRATIVE OR
JUDICIAL ACTION (AND WHEN APPROPRIATE, REHABILITATION) AND VICTIM
SAFETY, THROUGH THE MARINE AND FAMILY SERVICES' VICTIM ADVOCATE
PROGRAM, ARE THE CORNERSTONES OF THE MARINE CORPS COORDINATED
COMMUNITY RESPONSE TO DOMESTIC ABUSE.  HOWEVER, THE REQUIREMENT
FOR ALL PERSONNEL TO REPORT DOMESTIC ABUSE INCIDENTS TO COMMAND AND
LAW ENFORCEMENT AUTHORITIES CAN REPRESENT A SIGNIFICANT BARRIER FOR
THOSE VICTIMS WHO WOULD OTHERWISE SEEK MEDICAL CARE AND VICTIM
SERVICES DUE TO THE PERCEIVED POTENTIAL LOSS OF INCOME AND BENEFITS.
ESTABLISHING A SYSTEM THAT AFFORDS VICTIMS ACCESS TO MEDICAL CARE
AND VICTIM ADVOCACY SERVICES WITHOUT IMMEDIATE COMMAND OR LAW
ENFORCEMENT INVOLVEMENT MAY ENCOURAGE VICTIMS TO COME FORWARD AND
SEEK ASSISTANCE.
4.  POLICY CHANGE.  THIS POLICY PROVIDES ADULT VICTIMS OF DOMESTIC
ABUSE INCIDENTS TWO OPTIONS OF REPORTING DOMESTIC ABUSE, HEREAFTER
REFERRED TO AS "UNRESTRICTED" AND "RESTRICTED" REPORTING.
RESTRICTED REPORTING IS LIMITED TO ADULT VICTIMS OF DOMESTIC ABUSE,
WHO ARE ELIGIBLE TO RECEIVE MILITARY MEDICAL TREATMENT.  THIS INCLUDES
CIVILIANS AND CONTRACTORS WHO ARE ELIGIBLE TO RECEIVE MILITARY
HEALTHCARE OUTSIDE THE CONTINENTAL UNITED STATES ON A REIMBURSABLE
BASIS.
A.  "UNRESTRICTED" REPORTING.  VICTIMS OF DOMESTIC ABUSE WHO WANT
TO PURSUE AN OFFICIAL INVESTIGATION, WHICH INCLUDES LAW ENFORCEMENT
AND COMMAND INTERVENTION OF AN INCIDENT, SHOULD REPORT ABUSE THROUGH
THE CHAIN OF COMMAND, LAW ENFORCEMENT, OR BY ELECTING UNRESTRICTED
REPORTING THROUGH THE FAMILY ADVOCACY PROGRAM (FAP).  A VICTIM
ADVOCATE WILL BE NOTIFIED UPON RECEIPT OF AN UNRESTRICTED REPORT AND
WILL OFFER THE VICTIM SUPPORT AND INFORMATION PER REFS (B) THROUGH
(D).  ADDITIONALLY, AT THE VICTIM'S DISCRETION/REQUEST, A HEALTHCARE
PROVIDER SHALL INITIATE CARE AND TREATMENT AND CONDUCT ANY FORENSIC
MEDICAL EXAMINATION DEEMED APPROPRIATE.  DETAILS REGARDING THE
INCIDENT WILL BE LIMITED TO ONLY THOSE PERSONNEL WHO HAVE A
LEGITIMATE NEED TO KNOW.  COMMANDERS AND LAW ENFORCEMENT SHOULD
FOLLOW THE RECOMMENDED PROTOCOLS IN REF (E).
B.  "RESTRICTED" REPORTING.  VICTIMS OF DOMESTIC ABUSE WHO DESIRE
"RESTRICTED" REPORTING UNDER THIS POLICY MUST REPORT THE ABUSE TO
ONE OF THE FOLLOWING SPECIFIED INDIVIDUALS:  A VICTIM ADVOCATE, A
VICTIM ADVOCATE SUPERVISOR, OR A HEALTHCARE PROVIDER.  UPON
RECEIVING A REQUEST FROM A VICTIM FOR A RESTRICTED REPORT, A
HEALTHCARE PROVIDER WILL CONTACT A VICTIM ADVOCATE.  UNDER THIS
POLICY, HEALTHCARE PROVIDERS ARE DEFINED AS INDIVIDUALS EMPLOYED OR
ASSIGNED AS HEALTHCARE PROFESSIONALS, OR ARE CREDENTIALED TO
PROVIDE HEALTHCARE SERVICES AT A MILITARY MEDICAL OR MILITARY
DENTAL TREATMENT ACTIVITY, OR A MILITARY FAMILY SUPPORT CENTER
(INCLUDES CLINICAL COUNSELORS WHO PROVIDE SERVICES IN MARINE AND
FAMILY SERVICES CENTERS), OR WHO PROVIDE SUCH CARE AT A DEPLOYED
LOCATION OR IN AN OFFICIAL CAPACITY.  THIS TERM INCLUDES MILTARY
PERSONNEL, DOD CIVILIAN EMPLOYEES OR DOD CONTRACTOR PERSONNEL.
DESIGNATED COUNSELORS WHO PROVIDE SERVICES IN MARINE AND FAMILY
SERVICES CENTERS ALSO OPERATE AS VICTIM ADVOCATE SUPERVISORS WITHIN
THE MARINE CORPS.  THIS OPTION 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 THAT A MEDICAL HEALTHCARE PROVIDER CONDUCT A
FORENSIC MEDICAL EXAMINATION FOR THE PURPOSES OF COLLECTION AND
PRESERVATION OF EVIDENCE WITH NONIDENTIFYING INFORMATION.
DEPARTMENT OF THE NAVY (DON) IMPLEMENTATION PROCEDURES FOR THE
COLLECTION AND PRESERVATION OF EVIDENCE WILL BE FORWARDED IN
FUTURE GUIDANCE.  VICTIMS, THROUGH CONTACT WITH THE VICTIM
ADVOCATE, WILL ACKNOWLEDGE IN WRITING THEIR UNDERSTANDING OF THE
LIMITATIONS OF RESTRICTED REPORTING AND WHY MARINE CORPS POLICY
FAVORS UNRESTRICTED REPORTING.  A VICTIM WHO RECEIVES APPROPRIATE
CARE AND TREATMENT, AND IS PROVIDED AN OPPORTUNITY TO MAKE AN
INFORMED DECISION ABOUT INITIATING A CRIMINAL INVESTIGATION, IS MORE
LIKELY TO DECIDE TO MAKE AN UNRESTRICTED REPORT TO LAW ENFORCEMENT
AND COMMAND.
C.  COVERED COMMUNICATION.  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 PARAGRAPH D BELOW.  COVERED COMMUNICATION IS
DEFINED AS AN ORAL, WRITTEN OR ELECTRONIC COMMUNICATION OF
PERSONALLY IDENTIFIABLE INFORMATION RELATED TO A DOMESTIC ABUSE
INCIDENT MADE BY A VICTIM TO THE VICTIM ADVOCATE, THE SUPERVISOR
OF VICTIM ADVOCATE, OR TO A HEALTHCARE PROVIDER, FOR THE PURPOSES
OF RECEIVING MEDICAL CARE OR INFORMATION, REFERRAL TO SERVICE
PROVIDERS, ADVICE, OR SAFETY PLANNING.  IT INCLUDES A RECORD
RELATING TO SUCH A COMMUNICATION (INCLUDING STATEMENTS, NOTATIONS
OR REPORTS) BUT DOES NOT INCLUDE STATISTICAL DATA THAT DOES NOT
IDENTIFY AN INDIVIDUAL. 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) DISCLOSURE TO NAMED INDIVIDUALS IS AUTHORIZED BY THE
VICTIM IN WRITING.
(2) 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) 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) 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) DISCLOSURE IS REQUIRED FOR THE SUPERVISION OF DIRECT VICTIM
TREATMENT OR SERVICES.
(6) 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) 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 VICTIM'S MEDICAL CONDITION AND PROGNOSIS IN ACCORDANCE
WITH DOD 6025.18R, DOD HEALTH INFORMATION PRIVACY REGULATION.
HOWEVER, SUCH CIRCUMSTANCES DO NOT WARRANT AN EXCEPTION TO POLICY
WHEREBY DETAILS OF THE DOMESTIC ABUSE IS CONSIDERED 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.  INTENTIONAL IMPROPER DISCLOSURE OF COVERED COMMUNICATIONS,
IMPROPER RELEASE OF MEDICAL INFORMATION, AND OTHER VIOLATIONS OF
THIS NEW POLICY ARE PROHIBITED AND MAY RESULT IN DISCIPLINARY ACTION
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 MARINE CORPS LEADERSHIP RECOGNIZES THE POTENTIAL IMPACT
OF RESTRICTED REPORTING ON INVESTIGATIONS AND THE ABILITY OF
COMMANDING OFFICERS TO HOLD PERPETRATORS ACCOUNTABLE.  SUCH RISKS
WERE CAREFULLY CONSIDERED BUT DO NOT OUTWEIGH THE OVERALL INTEREST
OF PROVIDING DOMESTIC ABUSE VICTIMS ACCESS TO MEDICAL CARE AND
SUPPORT.
7.  THIS MARADMIN PROVIDES AN OPERATING FRAMEWORK IN REFERENCE TO
RESTRICTED REPORTING.  THE MAGNITUDE OF THESE CHANGES REQUIRES
EXTENSIVE, IN-DEPTH TRAINING FOR MARINE CORPS PERSONNEL AND
SPECIALIZED TRAINING FOR COMMANDERS, VICTIM ADVOCATES AND
SUPERVISORS, LAW ENFORCEMENT, CHAPLAINS, LEGAL STAFF, AND
HEALTHCARE PROVIDERS.  FURTHER GUIDANCE AND WRITTEN CLARIFICATION
WILL FOLLOW.
8.  HQMC MRRO, AS THE MARINE CORPS PROGRAM MANAGER FOR CLINICAL
COUNSELING, FAMILY ADVOCACY, AND VICTIM ADVOCACY PROGRAMS WILL
RELEASE DETAILED GUIDANCE FOR SERVICE PROVIDERS OPERATING WITHIN
THOSE PROGRAM AREAS.  THIS MARADMIN SERVES AS INTERIM POLICY PENDING
REVISION OF REF (D).
9.  SIGNED DTM AND ADDITIONAL INFORMATION ARE AVAILABLE ON THE WEB
AT HTTP:WWW.USMC-MCCS.ORG/FAMADV/FAQS.CFM.//