Restricted Reporting Policy for Domestic Abuse Incidents Leadership Brief

1. Restricted Reporting Policy for Domestic Abuse IncidentsLeadership Brief

2. 7/26/2012 Slide 2 Domestic Abuse (DA) 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.

3. 7/26/2012 Slide 3 Definition of Domestic Abuse Domestic Abuse is (1) domestic violence or (2) 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. DOES NOT INCLUDE CHILD ABUSE!

4. 7/26/2012 Slide 4 Definition of Domestic Abuse Domestic Violence is an offense under the United States Code, the Uniform Code of Military Justice, or state law that involves the use, attempted use, or threatened use of force or violence against a person of the opposite sex, or a violation of a lawful order issued for the protection of 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. DOES NOT INCLUDE CHILD ABUSE!

5. 7/26/2012 Slide 5 Coordinated Community Response Offender accountability through prompt administrative or judicial action, and when appropriate, offender rehabilitation Victim safety through the USMC Victim Advocate (VA) Program and command action

6. 7/26/2012 Slide 6 Not All DA is Reported DA often goes unreported in society at large due to a victim�s fear of the consequences of reporting In the military, victims surveyed as part of the DoD Task Force on Domestic Violence (DTFDV) reported fear of negative career consequences as the #1 reason for not disclosing DA to military authorities As a result, DTFDV first recommendation was to provide DA victims a confidential reporting option

7. 7/26/2012 Slide 7 Not All DA is Reported In the Marine Corps, of all referrals received from 2000-2005, only 4% were victim self-referral. The vast majority came from law enforcement, command, legal, and social service organizations. Policy does not impact the majority of referrals but intends to increase the number of victim self-referrals.

8. 7/26/2012 Slide 8 Policy Intent Restricted Reporting Creates a system that offers victims: Information Medical care Victim advocacy services Clinical intervention Without immediate command or law enforcement involvement Anticipated result: Victims, who would not otherwise seek services, get help and report abuse

9. 7/26/2012 Slide 9 Reporting Options Adult victims of domestic abuse of now have two reporting options: Unrestricted reporting Restricted reporting

10. 7/26/2012 Slide 10 Unrestricted Reporting (UR) Current Reporting Process: Domestic abuse reported to Command, Family Advocacy (FAP) and Law Enforcement (LE) Victim advocacy services offered Risk assessment and case management initiated by FAP LE investigation commenced Medical care provided as requested Commander ensures safety and takes action, as indicated

11. 7/26/2012 Slide 11 Restricted Reporting (RR) Victim discloses DA to a specified individual: VA (includes volunteer DA victim advocates) VA supervisor FAP in USMC Healthcare providers (HCP) Victim fully informed of benefits and limitations of restricted reporting and why the Marine Corps prefers unrestricted reporting Victim elects restricted reporting in writing

12. 7/26/2012 Slide 12 Restricted Reporting (RR) Mandated Reporters with Hand-off Responsibilities Volunteer DA VA�s OneSource NPSP Substance Abuse Counselors Warm hand-off to the DA VA or FAP (HCP) for the election of restricted reporting

13. 7/26/2012 Slide 13 Restricted Reporting (RR) Victim offered: Military and civilian support information Victim advocacy Medical care State law may require mandatory reporting by HCP Clinical intervention Policy for evidence collection and storage with non-identifying information awaiting guidance from DOD IG and Health Affairs

14. 7/26/2012 Slide 14 Restricted Reporting (RR) Oral, written or electronic communications regarding the victim or the DA shall not be disclosed unless victim authorizes release or an �exception� applies Notifications will not be made to: Command Offender Law Enforcement FAP responsible for providing information concerning DA incidents (w/o personal identifiers) at the next Family Advocacy Committee (FAC)

15. 7/26/2012 Slide 15 What About Chaplains? Current policy for chaplains does not change under this policy The communication may be protected under the Military Rules of Evidence or applicable statutes and regulations. This policy does not affect any privilege recognized under the Military Rules of Evidence.

16. 7/26/2012 Slide 16 Exceptions to RR Disclosure to named Individuals when authorized in writing by victim Disclosure to command or law enforcement when necessary to prevent or lessen a serious, imminent threat to health or safety of victim or another person Disclosure to FAP, Command, LE, Child Protective Services when a reasonable belief exists that child abuse or neglect has occurred

17. 7/26/2012 Slide 17 Exceptions to RR Disclosure to Disability Retirement Boards for disability retirement determinations Disclosure to supervisor for supervision of direct services to victim Disclosure to military or civilian court when subpoenaed Disclosure when required by federal or state statute or applicable U.S. international agreements

18. 7/26/2012 Slide 18 Exception Procedures Requires consultation with supervisor and servicing legal office prior to disclosure Installation commanders resolve disagreements between service provider, supervisors or servicing legal office Notify the victim prior to disclosure if at all possible Disclosure will be limited to only that information necessary to satisfy the exception

19. 7/26/2012 Slide 19 Independent Disclosures If a source other than the victim reports the DA to Command, LE or FAP: Law enforcement investigation, command notification, and FAP assessment will be initiated A victim may choose not to participate Will be situations in which FAP and/or VA manage both RR and UR on the same family or incident Receiver of the RR shall not be compelled to disclose the covered communication unless an exception applies

20. 7/26/2012 Slide 20 Limitations of RR Limitation: The abuser is not offered rehabilitation The abuser is not held accountable and may commit further abuse The victim and abuser may continue to have contact Crime scene evidence will be lost and LE will have limited ability to investigate alleged abuse if the victim later changes her/his mind Military and civilian protection orders are unavailable Home visits by the VA or NPSP may not be available due to safety concerns Victim is not eligible for Transitional Compensation

21. 7/26/2012 Slide 21 Benefits of Restricted Reporting Benefits: Commanders will receive information about incidents that were previously unreported Victims, who would not have previously sought services due to fear of financial repercussions, receive appropriate healthcare and advocacy services Victims are afforded space and time to make informed decisions Victims control the release and management of personal information