Restricted Reporting Policy for Incidents of … Reporting_Military... · Army Family Advocacy...

Army Family Advocacy Program

1 of 17 201130R APR 06

Restricted Reporting Policy for Incidents of Domestic Abuse

Military Community Brief


2 of 17 201130R APR 06

Disincentive to Reporting Domestic Abuse (DA) Study:

Victims surveyed reported that fear of negative career consequences is the #1 reason for not disclosing DA to military authorities

Providing DA victims a confidential reporting option was recommended by the Defense Task Force on Domestic ViolenceIT’S THE LAW: Required by P.L. 106-65

Why Confidential Reporting?Why Confidential Reporting?


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Create a system that offers victims:Informed decision-making Medical careVictim advocacy servicesClinical intervention

Without immediate command or law enforcement involvementResult: Encourages victims to feel safe about seeking help and reporting abuse

Policy IntentPolicy Intent


4 of 17 201130R APR 06

Adult Victims of Domestic Abuse have two reporting options:

Unrestricted reporting

Restricted reporting

Reporting OptionsReporting Options


5 of 17 201130R APR 06

Current Reporting Process:Domestic abuse is reported to Command, FAP, Law Enforcement (LE) Victim advocacy services offeredFAP initiates assessment and case managementLE investigation commencesMedical care provided as requestedCommander ensures safety and takes action, as indicated

Unrestricted ReportingUnrestricted Reporting


6 of 17 201130R APR 06

Victim may disclose DA to: Victim AdvocateVictim advocate supervisor

FAP in USAF, USN, USA, USMCHealthcare providers (HCP) (including FAP clinical social workers)

Victim fully informed of benefits and limitations of RRVictim elects restricted reporting in writing

Restricted ReportingRestricted Reporting


7 of 17 201130R APR 06

To make a restricted report, the

Victim Advocate can be reached at:

###-###-####

Family Advocacy Program can be reached at:

###-###-####

Access to Restricted ReportsAccess to Restricted Reports


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Victim offered:Military and civilian support informationVictim advocacy Medical care

State law may require mandatory reporting by HCP

Clinical intervention Limited evidence collection and storage with non-identifying information


9 of 17 201130R APR 06

Oral, written or electronic communications regarding the victim or the DA shall not be disclosed unless victim authorizes release or an “exception” appliesNotifications will not be made to:

CommandOffender

Law Enforcement FAP responsible for providing information concerning DA incidents (without personal identifiers) at the next Family Advocacy Committee meeting



10 of 17 201130R APR 06

Reports to chaplains are not covered under this policyThe communication may be protected under the Military Rules of Evidence or applicable statutes and regulationsThis policy does not affect any privilege recognized under the Military Rules of Evidence

What About Chaplains?What About Chaplains?


11 of 17 201130R APR 06

Disclosure to named individuals is authorized in Writing by VictimDisclosure to command or law enforcement when necessary to prevent or lessen a serious, imminent threat to health or safety of Victim or Another Person, including dependent children Disclosure to FAP, Command, LE, CPS when there is a Reasonable Belief that Child Abuse or Neglect has Occurred

Exceptions to Restricted ReportingExceptions to Restricted Reporting


12 of 17 201130R APR 06

Disclosure to Disability Retirement Boards for disability retirement determinationsDisclosure to Supervisor for supervision of direct victim Treatment or ServicesDisclosure to military or civilian court when subpoenaedDisclosure when required by federal or state statute or applicable U.S. international agreements

Exceptions to Restricted ReportingExceptions to Restricted Reporting


13 of 17 201130R APR 06

Requires consultation with supervisor and servicing legal office prior to disclosureGarrison commanders resolve disagreements between service provider, supervisors or SJANotify the victim prior to disclosure if at all possibleDisclosure will be limited to only that information necessary to satisfy the exception

Exception ProceduresException Procedures


14 of 17 201130R APR 06

If a source other than the victim reports the DA to Command, LE or FAP:

Law enforcement investigation and FAP assessment will be initiated, if appropriate

A civilian victim may choose not to participate; however, a military victim may be ordered to submit statements and testify

Will be situations in which FAP (VA) manage both RR and UR on the same familyReceiver of the RR shall not be compelled to disclose the covered communication unless an exception applies

Independent DisclosuresIndependent Disclosures


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The abuser is not held accountable and may commit further abuseThe victim and abuser may continue to have contactCrime scene evidence will be lostMilitary and civilian protection orders are unavailable

Limitations of RRLimitations of RR


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Benefits:Victims decides when to reportVictims receive appropriate health care and advocacy servicesVictims are afforded space and time to make informed decisionsVictims control the release and management of personal informationVictims may develop increased trust in “the system”Commanders will receive information about incidents that were previously unknownReports, investigations, and prosecutions may increase

Benefits of Restricted ReportingBenefits of Restricted Reporting


17 of 17 201130R APR 06

To make a restricted report the

Victim Advocate can be reached at:

###-###-####

Family Advocacy Program can be reached at:

###-###-####

Access to Restricted ReportsAccess to Restricted Reports

Restricted Reporting Policy for Incidents of … Reporting_Military... · Army Family Advocacy...

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