MARADMINS : 273/14
R 051924Z JUN 14
UNCLASSIFIED//
MARADMIN 273/14
MSGID/GENADMIN,USMTF,2007/CMC WASHINGTON DC MRA MF(UC)/F002//
SUBJ/DELAY OF FAMILY ADVOCACY PROGRAM (FAP) PROTOCOLS AND INCIDENT DETERMINATION COMMITTEE (IDC) ACTIVITIES//
REF/A/MSGID:DOC/CMC WASHINGTON DC MF/YMD:20120326//
AMPN/REF A IS MARINE CORPS ORDER 1754.11 FAMILY ADVOCACY AND GENERAL COUNSELING PROGRAM.//
POC/P. HUBBERT/CIV/UNIT:MFC/-/TEL:703-432-9787//
GENTEXT/REMARKS/1. THIS MARADMIN PROVIDES GUIDANCE ON CONFIDENTIALITY AND PRIVILEGE AS IT RELATES TO THE IDC AND ON DELAYING FAP ASSESSMENTS PENDING COMPLETION OF AN INVESTIGATION OR ACCOUNTABILITY ACTION OF THE MILITARY MEMBER.
2. REF A REQUIRES THAT ALL SUSPECTED CHILD ABUSE AND UNRESTRICTED ADULT DOMESTIC ABUSE INCIDENTS ARE REPORTED TO LAW ENFORCEMENT, REFERRED TO INSTALLATION FAP, AND WHEN APPROPRIATE, THAT THE OFFENDER IS HELD ACCOUNTABLE. THIS PROCESS REFLECTS A MULTIDISCIPLINARY APPROACH WITH EACH INVOLVED ENTITY HAVING SPECIFIC RESPONSIBILITIES, AND YET ALL ARE TASKED TO WORK TOGETHER AS PART OF A COMMUNITY RESPONSE TO DOMESTIC VIOLENCE. FAP POLICY SUPPORTS EARLY IDENTIFICATION AND TIMELY INTERVENTION IN CHILD ABUSE AND DOMESTIC ABUSE CASES. IN SUPPORT OF THIS POLICY, FAP STAFF ASSESS RISK LEVEL, INITIATE SAFETY PLANNING, COMPLETE REQUIRED REPORTING PROCESSES, AND PROVIDE COUNSELING TREATMENT SERVICES. ADDITIONALLY, REF A ESTABLISHES THE IDC TO DETERMINE WHICH REFERRALS FOR SUSPECTED CHILD ABUSE OR UNRESTRICTED DOMESTIC ABUSE MEET CRITERIA FOR ENTRY INTO THE DEPARTMENT OF DEFENSE (DOD) CENTRAL REGISTRY DATABASE, AND REF A SUPPORTS THE INSTALLATION RECORDS CHECK REQUIREMENTS.
3. IDC, CONFIDENTIALITY AND PRIVILEGE. FAP STAFF ARE RESPONSIBLE FOR INFORMING CLIENTS OF THE CONFIDENTIAL NATURE OF COMMUNICATIONS AND THE EXISTENCE OF THE PSYCHOTHERAPIST-PATIENT PRIVILEGE. TO ALLOW THE CLIENT TO MAKE AN INFORMED DECISION REGARDING WHAT INFORMATION TO DISCLOSE, THIS NOTIFICATION MUST INFORM CLIENTS THAT INFORMATION SPECIFIC TO THE ALLEGATION WILL BE PRESENTED AT AN IDC. PRIOR TO THE IDC MEETING TO REVIEW AN INCIDENT, THE FAP REPRESENTATIVE IS RESPONSIBLE FOR COORDINATING WITH OTHER FAP STAFF TO OBTAIN PERTINENT FACTS ABOUT THE INCIDENT AND FOR PRESENTING THE MINIMALLY NECESSARY PERTINENT FACTS AT THE IDC PRIOR TO THE IDC DETERMINATION. THIS PROCESS SUPPORTS THE PURPOSE OF THE IDC AND IS A PERMISSIBLE USE OF SUCH INFORMATION.
4. DELAYS REQUESTED BY LAW ENFORCEMENT AND COMMANDS. AN ONGOING CRIMINAL INVESTIGATION OR COMMAND ACTION INVOLVING FAP VICTIMS OR OFFENDERS DO NOT BY ITSELF SERVE AS AUTHORITY TO DELAY FAP FROM PERFORMING DOD MANDATED ASSESSMENTS AND TREATMENT SERVICES. THE BENEFITS OF TIMELY ASSESSMENT AND TREATMENT ARE CLEAR. PER REF A, THE FAP PROCESS DOES NOT PRECLUDE TIMELY AND APPROPRIATE ACTION BY A COMMANDER. HOWEVER, DUE TO THE INDIVIDUALIZED NATURE OF ASSESSMENT AND TREATMENT, THERE MAY BE UNUSUAL CIRCUMSTANCES WHERE DELAYING FAP ASSESSMENT OR TREATMENT IS WARRANTED DUE TO DIRECT IMPACT ON A PENDING/ONGOING CRIMINAL INVESTIGATION OR COMMAND ACTION.
DEFERRING FAP ASSESSMENT OR TREATMENT SHOULD BE AVOIDED TO THE GREATEST EXTENT PRACTICABLE. IN THESE CASES, FAP SHOULD CONSULT WITH THE INSTALLATION STAFF JUDGE ADVOCATE (SJA) AND/OR COMMAND SINCE SUCH NON-ACTION BY FAP DIRECTLY IMPACTS THE RESPONSIBILITIES OF FAP PERSONNEL, THE SAFETY OF THOSE INVOLVED IN THE CASE, AND ALSO THE COMMAND (WHICH WOULD NOT RECEIVE THE BENEFIT OF KNOWING RISKS, ETC., OF A MEMBER WITHIN THEIR COMMAND). FAP STAFF WILL INFORM ALL CONCERNED OF THE RISKS FOR DELAYING ASSESSMENT OR TREATMENT SHOULD A REQUEST TO DELAY BE MADE.
5. FAP STAFF SHOULD CONTACT THE SUPPORTING INSTALLATION SJA FOR GUIDANCE PRIOR TO RELEASING CLIENT RECORDS AND INFORMATION, INCLUDING CASE NOTES, COVERED BY THE PSYCHOTHERAPIST-PATIENT PRIVILEGE.
REQUESTS FOR FAP RECORDS AND INFORMATION, INCLUDING CASE NOTES, MADE BY A NON-FEDERAL ENTITY (E.G., LOCAL LAW ENFORCEMENT, CIVILIAN COURT OR ATTORNEY ISSUED SUBPOENAS) MUST BE FORWARDED TO THE INSTALLATION SJA FOR REVIEW AND ADVICE.
6. THIS MARADMIN WAS COORDINATED WITH HQMC JUDGE ADVOCATE DIVISION AND SAFETY DIVISION.
7. INSTALLATIONS REQUIRING ADDITIONAL INFORMATION CONCERNING FAP, SHOULD CONTACT THE POC, P. HUBBERT. QUESTIONS CONCERNING APPLICATION OF THE PSYCHOTHERPIST-PATIENT PRIVILEGE SHOULD BE DIRECTED TO THE INSTALLATION SJA.
8. THIS MARADMIN IS APPLICABLE TO THE MARINE CORPS TOTAL FORCE.
9. RELEASE AUTHORIZED BY BGEN R. A. C. SANBORN, DIRECTOR, MARINE AND FAMILY PROGRAMS DIVISION. //