DoD64004p. ( part -1)

DOD INSTRUCTION 6400.06
DOD COORDINATED COMMUNITY RESPONSE TO DOMESTIC ABUSE INVOLVING DOD MILITARY AND "CERTAIN AFFILIATED PERSONNEL" (children included)
Originating Component:
Effective:
Change 1 Effective:
Releasability: Reissues and Cancels:
Approved by:
Change 1 Approved by:
Office of the Under Secretary of Defense for Personnel and Readiness
December 15, 2021 May 10, 2022
Cleared for public release. Available on the Directives Division Website at https://www.esd.whs.mil/DD/.
DoD Instruction 6400.06, “Domestic Abuse Involving DoD Military and Certain Affiliated Personnel,” August 21, 2007, as amended
Gilbert R. Cisneros, Jr., Under Secretary of Defense for Personnel and Readiness
Gilbert R. Cisneros, Jr., Under Secretary of Defense for Personnel and Readiness
Purpose: In accordance with the authority in DoD Directive (DoDD) 5124.02; and pursuant to Section 1562 of Title 10, United States Code (U.S.C.), Section 534 of Public Law (PL) 103-337, and Section 922 of Title 18, U.S.C.; this issuance establishes policy, assigns responsibilities, and prescribes procedures for preventing and responding to domestic abuse.
DoDI 6400.06, December 15, 2021 Change 1, May 10, 2022
TABLE OF CONTENTS
SECTION 1: GENERAL ISSUANCE INFORMATION .............................................................................. 5
1.1. Applicability.....................................................................................................................5 1.2. Policy................................................................................................................................6 1.3. Information Collection...................................................................................................... 7 1.4. Summary of Change 1. ..................................................................................................... 7
SECTION 2: RESPONSIBILITIES ......................................................................................................... 8
2.1. Under Secretary of Defense for Personnel and Readiness (USD(P&R)). ........................ 8 2.2. Assistant Secretary of Defense for Health Affairs............................................................ 8 2.3. Assistant Secretary of Defense for Manpower and Reserve Affairs (ASD(M&RA))...... 9 2.4. DASD(MC&FP)...............................................................................................................9 2.5. Inspector General of the Department of Defense. .......................................................... 10 2.6. Under Secretary of Defense for Intelligence and Security. ............................................ 10 2.7. Secretaries of the Military Departments. ........................................................................ 11 2.8. Chief, NGB. .................................................................................................................... 13
SECTION 3: RESPONSIBILITIES AND PROCEDURES FOR ADDRESSING DOMESTIC ABUSE................ 14
3.1. FAP.................................................................................................................................14 a. Prevention and Public Awareness................................................................................ 14 b. Notification and Review of Domestic Abuse and Child Abuse Related Fatalities...... 14 c. General Requirements.................................................................................................. 15 d. Initial Response and Assessment. ................................................................................ 17 e. SafetyPlanning............................................................................................................18
3.2. DAVA............................................................................................................................. 19 a. Prevention and Public Awareness................................................................................ 19 b. General Requirements.................................................................................................. 20 c. InitialResponseandAssessment.................................................................................20 d. Safety Planning and Ongoing Supportive Services. .................................................... 22 e. OtherDuties.................................................................................................................24
3.3. FAPClinicalProviders...................................................................................................25 a. General Requirements.................................................................................................. 25 b. Initial Response and Assessment. ................................................................................ 27 c. Clinical Intervention..................................................................................................... 31 d. SafetyPlanning............................................................................................................32
3.4. HCPs...............................................................................................................................33 a. InitialResponseandAssessment.................................................................................33 b. Intervention..................................................................................................................35 c. Medical Forensic Examination. ................................................................................... 35 d. Documentation............................................................................................................. 36
3.5. Commanders...................................................................................................................36 a. Prevention and Public Awareness................................................................................ 36 b. General Requirements.................................................................................................. 36 c. InitialResponseandAssessment.................................................................................38 d. MPO............................................................................................................................. 40 e. CPO..............................................................................................................................42
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f. SafetyPlanning.............................................................................................................43
g. Expedited Transfer....................................................................................................... 44 3.6. Chaplains.........................................................................................................................44 a. Privileged Communications. ........................................................................................ 44 b. DomesticAbuseTraining............................................................................................45 c. SafetyPlanning............................................................................................................46 3.7. MCIOs and LEAs. .......................................................................................................... 46 a. Investigation, Assessment, and Response.................................................................... 46 b. General Requirements.................................................................................................. 48 c. Tracking and Reporting................................................................................................ 48 3.8. JAs...................................................................................................................................48 a. Training........................................................................................................................48 b. Available Services. ...................................................................................................... 49 c. Response to Domestic Abuse Allegations. .................................................................. 49 d. IssuanceofMPOs........................................................................................................49 e. Armed Forces Domestic Security Act.......................................................................... 50 f. Federal Prohibitions to Weapons Possession. .............................................................. 50 g. Negotiating MOUs with Civilian Offices and Agencies. ............................................ 50 h. Prosecution of Domestic Violence Cases. ................................................................... 50 3.9. FAP Clinical Providers and Commanders. ..................................................................... 50 SECTION 4: DOMESTIC ABUSE EDUCATION AND MANDATORY TRAINING .................................... 51 4.1. Education and Training for Military Personnel. ............................................................. 51 4.2. Education and Training for Family Members................................................................. 51 SECTION 5: RESTRICTED AND UNRESTRICTED REPORTING POLICY ............................................... 52 5.1. Reporting Options........................................................................................................... 52 5.2. Unrestricted Reporting.................................................................................................... 52 a. UnrestrictedReportingChannels.................................................................................52 b. Services Provided for Victim....................................................................................... 52 5.3. Restricted Reporting. ...................................................................................................... 53 a. General Requirements.................................................................................................. 53 b. Victim Confiding in Another Person. .......................................................................... 55 c. Exceptions to Confidentiality and Restricted Reporting and Limitations on Use. ...... 56 d. Consequences for Improper Disclosure of Covered Communications........................ 58
5.4. Notification of Official Unrestricted Reports of Adult Sexual Abuse for Entry into the DSAID. ............................................................................................................................. 58 SECTION 6: EXPEDITED TRANSFER................................................................................................ 61 6.1. Expedited Transfer Request............................................................................................ 61 6.2. CommanderResponsibilities..........................................................................................62 6.3. Losing Command Responsibilities. ................................................................................ 63 6.4. Losing FAP Responsibilities........................................................................................... 64 6.5. Gaining FAP Responsibilities......................................................................................... 64 SECTION 7: CATCH PROGRAM..................................................................................................... 66 7.1. CATCH Program Purpose. ............................................................................................. 66 7.2. ExecutingtheCATCHProgram.....................................................................................66 7.3. CATCH Match Notification. .......................................................................................... 67
DoDI 6400.06, December 15, 2021 Change 1, May 10, 2022
SECTION 8: FATALITY NOTIFICATION AND FATALITY REVIEW ..................................................... 68
8.1. Notification.....................................................................................................................68 8.2. ReviewbyFatalityReviewTeams.................................................................................68 8.3. Annual Report of Fatalities............................................................................................. 69
SECTION 9: THE LAUTENBERG AMENDMENT TO THE GCA RESPONSIBILITIES AND PROCEDURES 72
9.1. Background.....................................................................................................................72 9.2. Qualifying Convictions. .................................................................................................. 72 9.3. Enforcement. ................................................................................................................... 72 9.4. Information and Disclosure Requirements for Military Departments and DoD
Components with Covered Positions. ............................................................................... 73 9.5. Information and Disclosure Requirements for Military Personnel................................. 74 9.6. Information and Disclosure Requirements for DoD Civilian Personnel. ....................... 74
GLOSSARY ..................................................................................................................................... 76
G.1. Acronyms.......................................................................................................................76
G.2. Definitions......................................................................................................................77
REFERENCES .................................................................................................................................. 90
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DoDI 6400.06, December 15, 2021 Change 1, May 10, 2022
SECTION 1: GENERAL ISSUANCE INFORMATION
1.1. APPLICABILITY.
a. This issuance applies to:
(1) OSD, the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office of Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities within the DoD (referred to collectively in this issuance as the “DoD Components”).
(2) Current and former spouses and intimate partners who are victims of domestic abuse; and children when there is co-occurring child abuse or exposure to domestic abuse.
(3) National Guard and Reserve members who are victims of domestic abuse when performing in active service in accordance with Sections 101(d)(3) and 101(d)(5) of Title 10, U.S.C. The Military Services and the National Guard Bureau (NGB) will establish their own procedures to determine eligibility for services for victims (and their adult dependents) who are in:
(a) An active status in accordance with Section 101(d)(4) of Title 10, U.S.C.
(b) An inactive status in accordance with Section 101(d)(7) of Title 10, U.S.C.
(4) Adults who were victims of child sexual abuse or sexual assault that occurred before the sponsor or member’s military service. Such individuals are eligible for supportive clinical services. Incidents are not reviewed by the Incident Determination Committee (IDC).
(5) All Service members and their families; and, when authorized by law or the Secretary of the Military Department concerned, other designated populations (e.g., civilian personnel). Additional detail regarding eligibility for services is outlined in this issuance.
b. This issuance does not apply to:
(1) Victims who are sexually assaulted outside of the context of a marriage or intimate partner relationship, as defined by this issuance. Such adult sexual assault victims are covered pursuant to Volume 1 of DoD Instruction (DoDI) 6495.02, and will be referred to the Sexual Assault Response Coordinator (SARC).
(2) Children and youth who are impacted by problematic sexual behavior on and off military installations, in accordance with DoDI 6400.01.
c. This issuance does not preclude the right of a victim of intimate partner sexual abuse to elect to receive victim advocacy and assistance from a SARC or sexual assault victim advocate, if otherwise eligible for such services pursuant to Volume 1 of DoDI 6495.02.
DoDI 6400.06, December 15, 2021 Change 1, May 10, 2022
d. This issuance is not intended to change or otherwise modify regulations, including DoDDs and DoDIs, concerned with:
(1) Determining misconduct by individuals.
(2) Any criminal or civil actions that may be available to address such misconduct.
e. This issuance does not create any rights enforceable by any person, organization, or other entity in an administrative proceeding or at law or equity. Failure on the part of personnel to comply with any aspect of these guidelines will not:
(1) Create any rights or privileges in any persons or entity.
(2) Operate to provide a defense or other remedy in any proceeding arising in accordance with this policy.
1.2. POLICY.
The DoD will prevent and address domestic abuse in the DoD by: a. Promoting:
(1) Public awareness of domestic abuse and its impacts on: (a) Individuals.
(b) Families.
(c) Readiness.
(2) Initiatives to:
(a) Strengthen families.
(b) Encourage early help-seeking. (c) Support victims of abuse.
b. Addressing primary, secondary, and tertiary prevention strategies that promote protective factors to reduce the likelihood of domestic abuse.
c. Responding to and providing resources to victims to maintain: (1) Their safety.
(2) The safety of impacted children.
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DoDI 6400.06, December 15, 2021 Change 1, May 10, 2022
d. Establishing a coordinated community response (CCR) that promotes accountability for alleged abusers.
e. Intervening in abusive situations by:
(1) Assessing ongoing risk.
(2) Ensuring victims understand their rights and options.
(3) Developing comprehensive safety plans that prevent re-abuse.
f. Providing access or referral, as appropriate, to evidence-based mental health care services to all victims affected by domestic abuse.
g. Providing evidence-informed rehabilitative services to alleged abusers, as appropriate.
h. Reporting allegations of domestic abuse that include physical or sexual assault to law enforcement authorities.
1.3. INFORMATION COLLECTION.
The “Annual Report of Fatalities” submitted to the Deputy Assistant Secretary of Defense for Military Community and Family Policy (DASD(MC&FP)) referred to in Section 8 is exempt from licensing with a report control symbol in accordance with Volume 1 of DoD Manual (DoDM) 8910.01.
1.4. SUMMARY OF CHANGE 1.
The administrative change to this issuance reorganizes Sections 7 and 9, including relocating what was previously Paragraph d.(2) in Section 9 to Paragraph 9.3.d. to correct action alignment in accordance with Office of Inspector General Report No. DoDIG-2015-078. Additional administrative edits were made to correct acronym use, grammar, punctuation, and formatting.
SECTION 1: GENERAL ISSUANCE INFORMATION 7
Change 1, May 10, 2022
SECTION 2: RESPONSIBILITIES
2.1. UNDER SECRETARY OF DEFENSE FOR PERSONNEL AND READINESS (USD(P&R)).
The USD(P&R):
a. Establishes and oversees DoD-wide policies and programs for preventing and addressing domestic abuse involving DoD military and certain affiliated personnel.
b. Collaborates with the Military Departments to establish procedures and programs consistent with this issuance.
c. Oversees submission of domestic abuse incident information to the Defense Manpower Data Center for entry into the DoD Central Registry, which is maintained in accordance with Section 552a of Title 5, U.S.C., also known and referred to as the “Privacy Act,” as amended.
d. Budgets and allocates funds and other resources for the Military Services pursuant to Title 10, U.S.C., to meet the policy objectives of this issuance.
2.2. ASSISTANT SECRETARY OF DEFENSE FOR HEALTH AFFAIRS.
Under the authority, direction, and control of the USD(P&R), the Assistant Secretary of Defense for Health Affairs establishes and maintains necessary policies and procedures to implement this instruction, to include:
a. Ensuring medical staff are trained in the identification of abuse, as well as documentation and reporting requirements.
b. Clinical practice guidelines.
c. Victimization assessment instruments.
d. Standards governing the DoD health care programs in their response to domestic abuse victims.
e. Standards governing the confidentiality of domestic abuse victim healthcare documentation to prevent access by an alleged abuser, in accordance with DoDM 6025.18 and all applicable laws.
f. Guidance prioritizing domestic abuse victims as emergency cases when they present to military medical treatment facilities (MTFs) for healthcare.
g. Processes to ensure victims, not eligible for healthcare within the Military Health System, receive appropriate emergency healthcare, when applicable, and referrals to appropriate local civilian resources to the extent permitted by applicable law, when seeking healthcare at MTFs.
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h. Standardized guidance regarding access to accessible and comprehensive healthcare at MTFs for eligible domestic abuse victims.
i. Procedures to ensure access and availability of mental health care services for victims of domestic abuse in accordance with Section 718 of PL 116-92.
j. Standards for evidence-based rehabilitative services at MTFs for eligible alleged abusers, as appropriate.
2.3. ASSISTANT SECRETARY OF DEFENSE FOR MANPOWER AND RESERVE AFFAIRS (ASD(M&RA)).
Under the authority, direction, and control of the USD(P&R), through the DASD(MC&FP), the ASD(M&RA) provides policy, direction, and oversight to the Family Advocacy Program (FAP) in accordance with DoDI 6400.01.
2.4. DASD(MC&FP).
Under the authority, direction, and control of the USD(P&R), through the ASD(M&RA), the DASD(MC&FP):
a. Monitors compliance with this issuance and periodically evaluates the DoD response to domestic abuse in coordination with all DoD organizations that have a role in preventing and responding to domestic abuse.
b. Issues standardized guidance to the Secretaries of the Military Departments for developing a coordinated approach to preventing and responding to domestic abuse. These guidelines will be designed to meet local needs after consultation with health care, social programs, military law enforcement, and military criminal investigative organizations (MCIOs) serving DoD personnel and their families.
c. Provides operational support, staffing tools, funds, and other resources to ensure adequate personnel are available to administer all required programs.
d. Supports funding requests to create and update the FAP automation necessary to meet data collection and monitoring requirements.
e. Provides guidance and technical assistance to the DoD Components in:
(1) Addressing domestic abuse.
(2) Identifying and resolving inter-Component issues and concerns related to the prevention of and response to domestic abuse.
f. Collaborates with Federal and State agencies that address domestic abuse; and serves on related Federal committees and advisory groups.
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g. Adheres to all guidance with regard to status of forces agreements and other partner nation agreements in addressing domestic abuse in military families and sponsored civilians in locations outside the United States.
h. Reviews and responds to the findings and recommendations of the Military Departments’ annual fatality review reports.
i. Ensures any personally identifiable information collected, maintained, used, or circulated when preventing or responding to domestic abuse is collected, maintained, used, or circulated in accordance with DoDI 5400.11 and DoD 5400.11-R.
j. Monitors and oversees implementation of the FAPs of the Military Services to enhance the management and effective delivery of services.
k. Supports DoD and Military Department research for identifying program challenges and developing best practices in preventing and responding to domestic abuse.
l. Submits reports to congressional committees, as requested.
2.5. INSPECTOR GENERAL OF THE DEPARTMENT OF DEFENSE.
The Inspector General of the Department of Defense:
a. Conducts periodic evaluations as the Inspector General deems appropriate, pursuant to the Inspector General Act of 1978 in the Title 5, U.S.C., Appendix (referred to in this issuance as the “Inspector General Act of 1978”).
b. Confirms that nothing in this instruction will infringe on the DoD Office of Inspector General’s statutory independence and authority as articulated in the Inspector General Act of 1978. In the event of any conflict between this issuance and the Inspector General Act of 1978, the Inspector General Act of 1978 takes precedence.
2.6. UNDER SECRETARY OF DEFENSE FOR INTELLIGENCE AND SECURITY.
The Under Secretary of Defense for Intelligence and Security:
a. Oversees and implements processes for oversight, training, monitoring, and compliance of DoD military law enforcement agencies (LEAs) in accordance with:
(1) Section 1561a of Title 10, U.S.C., also known and referred to in this issuance as the “Armed Forces Domestic Security Act.”
(2) Sections 921 through 928 of Title 18, U.S.C., also known and referred to in this issuance as the “Gun Control Act of 1968, as amended (GCA).”
(3) DoDI 5525.15.
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DoDI 6400.06, December 15, 2021 Change 1, May 10, 2022
b. Manages and performs all administrative oversight of:
(1) Department of Defense Form (DD Form) 2873, “Military Protection Order.” (2) DD Form 2873-1, “Cancellation of Military Protection Order.”
c. Provides reports and responds to inquiries as required for evaluation of compliance with the requirements of this issuance pertaining to law enforcement.
d. Oversees and implements processes for the oversight, monitoring, and compliance of transferring records and information indicating a prohibiting status, in accordance with the GCA, developed during background investigations and continuous evaluation, to the appropriate DoD Component, individual commander, and Component law enforcement personnel for employment suitability determination.
2.7. SECRETARIES OF THE MILITARY DEPARTMENTS.
The Secretaries of the Military Departments: a. Establish:
(1) Policies and programs that are consistent with DoD guidance and the law.
(2) Policies and programs consistent with the procedures outlined in Section 3; and ensure implementation, monitoring, and evaluation at all levels of military command.
(3) Guidelines and procedures to ensure access and availability of mental health care services for individuals who disclose domestic abuse in accordance with Section 718 of PL 116- 92.
(4) A restricted reporting policy for domestic abuse victims, to include procedures to offer eligible adult victims restricted and unrestricted reporting options and document the victim’s reporting preferences, in accordance with Section 5.
(5) Guidance to aid commanders, MCIOs, and military law enforcement personnel in carrying out their responsibilities, pursuant to Paragraphs 3.5. and 3.7., respectively, to help reduce the incidence and severity of domestic abuse through prompt and effective law enforcement, investigation, and command action.
(6) Expedited transfer procedures for victims of sexual assault and physical domestic violence, in accordance with Section 536 of PL 115-232.
(7) Policies and procedures for the registration at military installations of civil protection orders (CPOs) against military members or their spouses or intimate partners, or against civilian employees or their spouses or intimate partners, assigned to the installation concerned, in accordance with Section 550A of PL 116-92. Policies and procedures will include the duties and responsibilities of commanders of installations in the registration process.
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(8) Procedures for collecting and reporting information required by Section 543 of PL 116-92, to include tracking:
(a) The number of military protection orders (MPOs) issued by commanders each calendar year.
(b) The number of issued MPOs that were entered into the National Crime Information Center (NCIC) database.
b. Budget and allocate funds and other resources to meet the policy objectives of this issuance.
c. Provide:
(1) Public awareness and prevention efforts in alignment with, but not limited to, DoD campaigns and initiatives.
(2) Annual education and training to key personnel (e.g., health care providers (HCPs), command, law enforcement) on the policies and procedures in this issuance.
(3) Treatment, counseling, and supportive services, as appropriate, to victims and abusers.
d. Support and provide continued training and skills development for FAP clinical providers, domestic abuse victim advocates (DAVAs), New Parent Support Home visitors, and prevention staff, so such personnel may maintain professional licenses or certifications and comply with occupational standards of competence, as required.
e. Require that all DAVAs meet victim assistance certification or credentialing requirements, as defined by their respective Military Service.
f. Submit:
(1) Quarterly program oversight reports to OSD FAP that include summaries of:
(a) Budget execution.
(b) Metrics development and analysis. (c) Communication initiatives.
(d) Workforce development.
(2) An annual report of fatality reviews, conducted within the Military Department, through their Service headquarters FAPs, to the DASD(MC&FP). Military Department fatality reports will include all required information and data elements in the standardized format as decided by the DASD(MC&FP).
g. To implement Sections 7381, 8226, and 9381 of Title 10, U.S.C.:
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(1) Establish multidisciplinary fatality review teams.
(2) Provide appropriate training for their members.
(3) Establish procedures for conducting annual reviews of fatalities known or suspected to result from an act of:
(a) Domestic abuse;
(b) Child abuse; or
(c) Suicide related to an act of domestic abuse or child abuse.
h. Issue regulations specifying that:
(1) Persons subject to Chapter 47 of Title 10, U.S.C., also known and referred to in this issuance as the “Uniform Code of Military Justice (UCMJ),” are to comply with CPOs and MPOs.
(2) Failure to comply may result in administrative or other disciplinary action, to include potential prosecution in accordance with the UCMJ.
i. Require the installation FAP to immediately report all alleged incidents of child abuse, including incidents co-occurring with alleged incidents of domestic abuse, to civilian child welfare services pursuant to:
(1) DoDI 6400.01.
(2) Volume 4 of DoDM 6400.01.
j. Carry out the requirements of Section 922(g)(9) of Title 18, U.S.C., also known and referred to in this issuance as the “Lautenberg Amendment,” as described in Section 9.
k. Comply with any applicable collective bargaining obligations, as appropriate.
2.8. CHIEF, NGB.
On behalf of and with the approval of the Secretaries of the Army and Air Force, and in coordination with the USD(P&R) and the State Adjutants General, the Chief, NGB, establishes and implements domestic abuse policy and procedures for eligible National Guard members (and their adult dependents), including the requirement for timely access to services via civilian providers.
SECTION 3: RESPONSIBILITIES AND PROCEDURES FOR ADDRESSING DOMESTIC ABUSE
3.1. FAP.
Pursuant to DoDI 6400.01 and Volumes 1 through 4 of DoDM 6400.01, the FAP in coordination with prevention personnel at the command or installation level will execute the responsibilities outlined in this section.
a. Prevention and Public Awareness.
(1) The FAP at the command or installation level:
(a) Conducts public awareness and primary, secondary, and tertiary prevention programs and activities in the military community, in coordination with, as feasible and appropriate, local civilian domestic abuse organizations, stakeholders, and national and State civilian domestic abuse public awareness and education programs.
(b) Adapts informational materials, as appropriate, to increase their applicability and usefulness to the military community.
(c) Collaborates with community organizations on prevention outreach. (2) Prevention and awareness include, but are not limited to:
(a) Activities for Service members, their spouses, and their family members on risk factors that contribute to unhealthy or abusive relationships and resources for support and treatment.
(b) Providing training to commanders and senior enlisted advisors in fulfilling their roles in the prevention of and response to domestic abuse and child abuse in accordance with Volume 1 of DoDM 6400.01 and as outlined in Section 4 of this DoDI.
(c) Information in briefings or training events on the commander’s areas of responsibility as part of the CCR, a summary of domestic abuse statistics involving personnel in their unit, and available resources, as outlined in Paragraph 3.5.a.
b. Notification and Review of Domestic Abuse and Child Abuse Related Fatalities.
The FAP:
(1) Notifies the DASD(MC&FP) within 72 hours of being informed of any DoD-related fatalities known or suspected to result from an act of domestic abuse, child abuse, or suicide related to an act of domestic abuse or child abuse. Notification will be accomplished using a DD Form 2901, “Child Abuse or Domestic Violence Related Fatality Notification.”
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DoDI 6400.06, December 15, 2021 Change 1, May 10, 2022
(2) Performs Military Department reviews and reporting of known fatalities in accordance with Section 8.
c. General Requirements.
(1) Eligibility
(a) Domestic abuse victims who are:
1. Eligible to receive medical care from the DoD, including those eligible on a fee-paying basis, will have access to both immediate and ongoing victim advocacy and FAP clinical services.
2. Not eligible to receive medical care from the DoD will only be offered an intake assessment, including risk assessment and safety planning, and referral to the appropriate civilian support services as needed for all follow-on care.
(b) Alleged abusers who are:
1. Eligible to receive medical care from the DoD, including those eligible on a fee-paying basis, will have access to ongoing FAP clinical services, including abuser treatment, if appropriate.
2. Not eligible to receive medical care from the DoD will only be offered an intake assessment and referral to the appropriate civilian support services as needed for all follow-on care.
(2) Responsibility to the Victim.
(a) The FAP:
1. Offers clinical assessment, victim advocacy, and support services to domestic abuse victims as outlined in Paragraph 3.3.
2. Provides the victim with information about services on the installation and in the civilian community, and about restricted and unrestricted reporting options available to adult victims, as outlined in Section 5.
(b) FAP’s responsibilities to the victim also include:
1. Referring all unrestricted reports within 24 hours in non-imminent danger situations to military law enforcement officials, who then:
a. Decide if an incident meets the criteria for a special victim investigation and prosecution (SVIP)-covered offense.
b. Report to the installation insider threat program, in accordance with the Component’s reporting guidance.
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2. Coordinating with MCIOs to identify cases and provide services to victims of SVIP-covered offenses pursuant to DoDI 5505.19.
3. Coordinating and communicating with SVIP personnel during all phases of the investigation and military justice process, at the victim’s request, to ensure seamless investigation, prosecution of alleged abusers, and support for victims pursuant to DoDI 5505.19.
4. Coordinating with the SARC and MCIO office concerned, in cases where a victim makes an unrestricted report of non-domestic abuse-related sexual assault or a crime that is outside of FAP’s purview.
5. Taking reasonable and responsible steps to ensure domestic abuse victims with language access needs, including victims who are deaf or have limited English proficiency, have access to FAP programs and activities. These steps include:
a. Training bilingual staff to act as interpreters and translators, and whenever possible, ensuring that staff who serve as interpreters do not simultaneously serve another role in the same case.
b. Contracting for translator services for foreign language translation or American Sign Language interpreters.
c. Maintaining domestic abuse hotlines with translation services.
d. Collaborating with local community and private advocacy agencies where interpreter and translator services are available, including the National Deaf Domestic Violence Hotline.
6. Assessing the risk for re-abuse at every contact with the victim, taking into consideration an unreported history of abuse and recent incidents.
(3) Responsibility to an Alleged Abuser.
FAP conducts clinical assessments of an alleged abuser or makes appropriate referrals for assessment by civilian providers. If circumstances indicate it is appropriate to provide services, FAP’s responsibilities to an alleged abuser include:
(a) Providing appropriate counseling or treatment to the alleged abuser, in accordance with guidelines established in Volume 4 of DoDM 6400.01; or making appropriate referrals for clinical treatment by civilian providers.
(b) Monitoring an alleged abuser’s clinical services plan and promptly reporting noncompliance to the commander or the appropriate civilian authority, as appropriate.
(c) Assessing the risk for re-abuse at every contact with the alleged abuser, taking into consideration an unreported history of abuse and recent incidents.
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d. Initial Response and Assessment.
Each alleged domestic abuse incident is evaluated for risk using DoD-sanctioned and Service-approved assessment tools for designated staff. Factors considered when assessing risk will:
(1) Inform safety planning.
(2) Include, but not be limited to, the factors specified in this paragraph.
(a) Victim has:
1. Been previously abused by the alleged abuser.
2. Sustained grievous bodily harm.
3. Indicated their intention to leave the alleged abuser.
4. Indicated their intention to take the children and/or file for legal custody of the
children.
5. Been accused of infidelity by the abuser, whether factually or not.
6. Reported fear that the alleged abuser will seriously injure or kill victim or victim’s children or other family member.
abuser.
manner).
7. Required immediate protection due to threat of life by the alleged abuser. 8. Sought or obtained an MPO, no contact order, or CPO against the alleged
9. Resources to escape future violence.
10. Disclosed they are pregnant (or the pregnancy was disclosed by another
11. Accepted or rejected assistance from agencies that offer support services.
12. Experienced or continues to experience psychological trauma as a result of domestic abuse.
(b) Alleged abuser is suspected through any available information to have:
1. Threatened the victim with a weapon.
2. Verbally threatened to kill the victim without brandishing a weapon.
3. Threatened, attempted, or has a plan to kill the victim or their children.

4. Threatened, attempted, or has a plan to die by suicide.
5. Stalked the victim.
6. Strangled, choked, or suffocated the victim.
7. Exhibited obsessive behavior, extreme jealousy, extreme dominance, rage, agitation, or instability.
8. Abused the victim or children in the past.
9. Forced sex on the victim, or coerced sex with the victim.
10. Physically abused the victim while they are or were pregnant.
11. Isolated the victim (restricted communication with others, prevented access to transportation or communication devices).
12. Required the victim to recant their statements about the alleged incident.
13. Harassed the victim using electronic means (e.g., texting, negative posting on social media, sending or threatening to send illicit photos to embarrass the victim).
14. Violated a protection order in place for the victim or their children.
15. Abused or killed a pet belonging to the family or the victim.
16. A history of drug or alcohol abuse.
17. A history of military or civilian law enforcement involvement regarding domestic abuse or other criminal behavior.
18. Failed to appear for counseling or treatment, or refused to comply with treatment or clinical services plan recommendations.
e. Safety Planning.
A DAVA or FAP clinical provider will create an appropriate safety plan, with the victim’s active participation when possible, for each alleged incident of domestic abuse if violence, the threat of violence, or psychological threat was used in the incident in question. A DAVA or FAP clinical provider will:
(1) Assist the victim in developing the safety plan based on immediate needs and identified risk factors.
(2) Communicate the safety plan, both verbally and in writing, and in a language easily understood by the victim.
(a) The communicated safety plan will include:
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1. Discussions on benefits and hazards of technology use and electronic communications.
2. Reviews and re-evaluations to address changes in the victim’s status (e.g., separation from the alleged abuser, making abuse public, pregnancy, reconciliation, the alleged abuser’s release from jail, or other situations that may increase risk of re-abuse) on an ongoing basis.
3. Checklists of strategies the victim can use to:
a. Withdraw from a dangerous situation before the violence begins. b. Escape a volatile situation.
4. Strategies appropriate to different environments the victim visits (e.g., home, work, school, public), including environments to be avoided and information on maintaining safety in high-risk situations (e.g., physical or electronic stalking by the alleged abuser, victim leaving the relationship, changes in child sharing or custody) in safety planning.
5. Names and numbers of emergency contacts to help the victim (e.g., DAVA or community victim advocate, medical doctor, shelter, crisis support counselor, or unit command contacts).
6. Items necessary if a speedy departure is required (e.g., documents, identification, clothing, money, medication, keys, pay as you go cell phone, and other pertinent items).
7. Strategies and contacts that include and address the safety of children and pets, as appropriate.
(b) When a civilian victim is unavailable or unwilling to participate in the safety plan (e.g., has left the area without providing forwarding contact information, has changed contact number) the DAVA or FAP clinical provider will work with the involved Service member’s command to address safety concerns.
3.2. DAVA.
a. Prevention and Public Awareness.
Primary and secondary prevention of domestic abuse through education, training, and public awareness are important DAVA functions. However, these functions should not occur at the expense of providing direct victim services. The DAVA will:
(1) Meet all:
(a) Pre-selection and performance standards required by Volume 1 of DoDM 6400.01.

(b) Required training for:
1. Responding to domestic abuse.
2. Supporting non-abusing parents.
3. Maintaining a high level of competence in providing advocacy services.
(2) Provide briefings on domestic abuse and victim advocacy services to key personnel (e.g., medical, law enforcement, command personnel, judge advocates (JAs)).
(3) Help train DoD first responders—including military law enforcement, MCIOs, MTF personnel, dental treatment facility personnel, command personnel, JAs, and Chaplain Corps personnel—on:
(a) The types and impact of domestic abuse.
(b) Victim safety.
(c) Available services for victims and alleged abusers.
(4) Help train civilian service providers about military-related victim issues, resources, and services.
(5) Participate in developing and carrying out public awareness campaigns on victim rights and advocacy services.
(6) Take part in community-based civilian domestic abuse councils, as authorized by the DAVA supervisor and agency ethics rules.
b. General Requirements.
DAVAs will provide victim advocacy services to the victim, in collaboration with other DoD and civilian professionals, in accordance with DoDI 6400.07.
c. Initial Response and Assessment.
The DAVA will:
(1) Use a trauma-informed approach to engage and serve victims and support the FAP’s capability to provide a 24/7 response.
(2) Inform the victim that communication with the DAVA is voluntary.
(3) Support the victim’s right to self-determination while promoting victim safety, ensuring victims are aware of the:
(a) DAVA’s limits on confidentiality.
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(b) Process for informed consent.
(4) Assess the victim’s immediate needs, including any need for medical consultation or examination.
(5) Inform the victim of the reporting options available.
(6) Unless the situation indicates a restricted report may further endanger the victim or other exceptions to restricted reporting and confidentiality apply:
(a) Request the victim document their reporting preference on the DD Form 2967, “Domestic Abuse Victim Reporting Option Statement.”
(b) Forward the request to the DAVA supervisor (or FAP clinical provider) for a final decision on restricted reporting, in accordance with Service FAP headquarters implementing policies and guidance.
(7) If the restricted report option was not offered to the victim due to safety concerns or other exceptions, the DAVA will discuss their concerns with the FAP supervisor. The rationale for not offering the restricted report option will be documented and discussed with the victim, in accordance with Service FAP headquarters implementing policies and guidance.
(8) Advise the victim that a restricted report of alleged sexual abuse may be an option, even when an alleged physical abuse incident may not meet the criteria for a restricted report.
(9) Conduct duties in a manner consistent with the victim’s election of restricted or unrestricted reporting, in accordance with Section 5.
(10) Notify victims who have filed an unrestricted report of domestic abuse involving SVIP-covered offenses of their right to:
(a) Consult with a legal assistance attorney for support.
(b) Request special victims’ counsel (SVC) or victims’ legal counsel (VLC) services, if eligible in accordance with Sections 1044e and 1565b of Title 10, U.S.C.
(11) Provide victims making a restricted report of sex abuse information about the Catch a Serial Offender (CATCH) Program, in accordance with Section 543 of PL 113-291, DoDI 5505.18, and the June 10, 2019, USD(P&R) Memorandum for the purpose of identifying individuals suspected of perpetrating multiple sexual assaults, without breaching their restricted report as outlined in Section 7 and in accordance with Service FAP headquarters implementing policies and guidance.
(12) Use evidence-informed screening tools, in accordance with Service FAP headquarters implementing policies and guidance, to:
(a) Assess risk.
(b) Guide safety planning.
(13) Assess the situation for imminent danger of life-threatening physical harm to the victim or another person, including children in the home, by considering the existence and frequency of the risk factors in Paragraph 3.1.c. and consulting with the clinical supervisor or FAP manager.
(14) Contact appropriate law enforcement immediately if imminent danger of life- threatening physical harm to the victim or another person exists.
(15) Report all unrestricted reports of domestic abuse and all reports of child abuse to the appropriate LEA; and consult with the LEA to determine the need for law enforcement involvement. All unrestricted reports of sexual abuse or sexual assault must be reported to the appropriate MCIO.
(16) Inform victims of the victim advocate-victim privilege to, with certain exceptions, refuse to disclose information and to prevent other persons from disclosing confidential communications as recognized by Rule 514 of the Military Rules of Evidence (MRE). The DAVA will:
(a) Absent a legally enforceable mandate to disclose, obtain clear consent before disclosing victim communications or derivative information outside the clinical setting.
(b) Consult with their supervisor and legal counsel, as needed, to ensure the victim’s privilege is protected appropriately.
(17) Provide victim information concerning expedited transfer, if appropriate, and follow the procedures as outlined in Section 6.
d. Safety Planning and Ongoing Supportive Services.
The DAVA will:
(1) Inform victims of their option to request an MPO, a no contact order, and a CPO for immediate and long-term protection.
(2) Offer victims information regarding the following, as appropriate:
(a) Local resources for immediate safety and long-term protection and support. (b) Workplace safety.
(c) Housing.
(d) Childcare.
(e) Legal services.
(f) Clinical resources.
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DoDI 6400.06, December 15, 2021 Change 1, May 10, 2022
(g) Medical services.
(h) Chaplain Corps resources.
(i) Other military and civilian support services such as:
1. The National Domestic Violence Hotline (1-800-799-SAFE).
2. For foreign-born victims or victims outside the continental United States (OCONUS), Pathways to Safety International is available to provide resources via crisis@pathwaystosafety.org. Pathways to Safety International responds within 72 hours.
(3) Help victims connect with military and civilian resources, as appropriate, including shelter and safe housing resources.
(4) Keep any copies of safety plans and other records identifiable by the victim’s name or other personal identifier of the victim in an appropriate Privacy Act system of records and in accordance with DoDI 5400.11 and DoD 5400.11-R. Victim information should not be filed under the name or identifier of any other person, such as the alleged abuser.
(5) If the victim has elected an unrestricted report, inform the command, military LEA and the SVC/VLC, as appropriate, that the victim has created a safety plan, and with the victim’s consent, notify them of any safety concerns the victim may have. Notify the SVC or VLC program counselor, if appropriate, to assist them with legal aspects of the safety plan.
(6) Assist the victim, at the victim’s request, in preparing a victim impact statement to aid the victim in self-advocacy with commands, military and civilian courts, and other agencies. Refer victims assigned an SVC/VLC to their counsel for assistance with preparing an impact statement.
(7) Provide victims with contact information for appropriate military and civilian legal offices, to facilitate victim access to legal advice and assistance, if eligible, specific to the victim’s circumstances or case. The DAVA will not provide legal advice.
(8) Review the victim safety plan with the victim at each contact.
(9) If release of information has been obtained, collaborate with FAP clinical staff and other direct service providers to ascertain the additional safety needs of any child(ren) impacted by domestic abuse exposure.
(10) Aid in all appropriate child-focused advocacy services for non-abusing parents as defined by Service guidance, including:
(a) Advising the victim of the impact of domestic abuse and child abuse on children and offering referrals for assessments of the physical and mental health of involved children.
(b) Providing crisis intervention, support, and information to the non-abusing parent(s) and other family members of child abuse victims.
Change 1, May 10, 2022
(c) Collaborating with child welfare services and servicing child advocacy center staff to help parents and other family members in navigating multiple systems and services.
(11) Accompany the victim to medical appointments, civilian and military court proceedings, and other appointments, as appropriate and when requested by the victim.
(12) Provide the victim with basic information about the Transitional Compensation Program in accordance with DoDI 1342.24, as appropriate.
(13) Refer the victim to the servicing Victim Witness Assistance Program (VWAP) coordinator or liaison in accordance with DoDI 1030.02, as appropriate.
(14) Provide a dependent victim with basic information and eligibility requirements about the shipment of household goods and a vehicle at U.S. Government expense, in accordance with Section 476(h) of Title 37, U.S.C., as appropriate.
(15) Collaborate with the victim witness liaison assigned when the military is involved in the investigation or disposition of an offense punishable pursuant to the UCMJ in accordance with DoDI 1030.02.
(16) Provide support and information to victims who report retaliation as a result of reporting sexual assault by or against a Service member, and assist the victim in processing their complaint in accordance with Section 1709 of PL 113-66 and Service FAP headquarters implementing policies and guidance.
(17) Assess the victim’s needs for additional safety measures before closure of the victim advocacy case file.
e. Other Duties.
At the discretion of the FAP and DAVA supervisors, the DAVA may be assigned other roles and duties, including systems advocacy (e.g. support navigating resources and systems, including the military and civilian justice processes), but not at the expense of direct victim services. The DAVA will:
(1) Promote a CCR for the prevention of domestic abuse and for intervention, in cooperation with prevention staff, when domestic abuse occurs.
(2) Collaborate with:
(a) Military and civilian:
1. Agencies and activities to improve system response to and support of victims.
2. Law enforcement and criminal investigative units, as appropriate, in the establishment of protocol and procedures to ensure:
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DoDI 6400.06, December 15, 2021 Change 1, May 10, 2022
a. Notification of the DAVA when such units are notified of a domestic abuse incident so DAVA can offer the victim interview accompaniment.
role of DAVAs.
b. Collaboration on safety planning and safety measures.
c. Ongoing training of military and civilian law enforcement personnel on the
(b) The servicing MTF and dental treatment facility in the establishment of protocol and procedures to ensure notification to a DAVA or other designated FAP staff of all incidents of suspected or reported domestic abuse, in accordance with Service implementing policies and guidance.
(3) Facilitate ongoing training of medical and dental facility personnel on the DAVA’s role.
(4) Participate in the installation Family Advocacy Committee (FAC) at the discretion of the FAP manager or DAVA supervisor.
(5) Attend and participate in those portions of FAP meetings in which safety planning, counseling or treatment, and other supportive services for the domestic abuse victim and for any children living in the victim’s home are discussed in accordance with Service-specific policy. The DAVA will not attend those parts of FAP meetings in which assessment and clinical services for the alleged abuser are discussed.
3.3. FAP CLINICAL PROVIDERS. a. General Requirements.
FAP clinical providers will:
(1) Understand the dynamics of domestic abuse, including:
(a) The impact of the victim’s and alleged abuser’s families of origin.
(b) Cultural, religious, and economic influences.
(c) The presence of mental, psychological, or other disorders that may contribute to:
1. Relationship challenges.
2. Domestic abuse.
(2) Meet all pre-selection and performance standards required by Volumes 1 and 4 of DoDM 6400.01, and attend required domestic abuse and child abuse trainings to maintain competence.
(3) Offer victim advocacy services, in accordance with DoDI 6400.07, when:
(a) A DAVA is not available; or
(b) The victim declines services with a DAVA.
(4) Provide the victim information about the restricted and unrestricted reporting processes; and inform the victim of:
(a) Duty-to-warn situations.
(b) Exceptions to the restricted reporting option.
(5) With the active participation of the victim, offer services consistent with the victim’s reporting election, as appropriate, that promote self-determination and victim recovery.
(6) Maintain responsibility for all aspects of clinical case management until case closure, including:
(a) Assessing risk.
(b) Devising safety and clinical services plans to protect victims.
(c) Addressing the alleged abuser’s abusive behavior and other identified needs.
(7) Identify:
(a) If additional specialized treatment is required and provide recommendations for and referrals to a medical specialist, as appropriate.
(b) Secondary domestic abuse victims, including children, other family members, and pets; assess risk to such secondary victims; and develop intervention and case management plans, as appropriate.
(8) Serve as a liaison with civilian authorities (e.g., shelter staff, private providers, advocacy services) and military personnel (e.g., medical, law enforcement, command, staff judge advocate (SJA)) in support of a CCR to domestic abuse.
(9) Maintain and appropriately safeguard documentation of services and contacts, including electronic communications, in accordance with:
(a) Volume 1 of DoDM 6400.01.
(b) DoDI 5400.11, DoD 5400.11-R, and DoDI 6025.18 (when applicable). (c) Service FAP headquarters implementing policies and guidance.
(10) Keep any copies of safety plans and other records identifiable by the victim’s name or other personal identifier of the victim in an appropriate Privacy Act system of records and in accordance with DoDI 5400.11 and DoD 5400.11-R. Victim information should not be filed under the name or identifier of any other person, such as the alleged abuser.
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b. Initial Response and Assessment.
FAP clinical providers will:
(1) Make agency notifications, as required by statute, regulation, and law including but not limited to notifying:
(a) Military LEAs and command of all unrestricted reports of domestic abuse. (b) The MCIO, in accordance with the requirements in DoDI 5505.18.
(c) Child welfare services in the event of co-occurring child abuse.
(2) Contact the victim immediately, upon receipt of referral, to:
(a) Establish a safety plan for the victim and children, as appropriate. (b) Schedule a clinical assessment.
(3) Before assessment, inform the victim and alleged abuser, as appropriate, of the limits of confidentiality and all reporting requirements, pursuant to:
(a) DoDI 5400.11 and DoD 5400.11-R.
(b) State laws.
(c) Service FAP headquarters implementing policies and guidance.
(4) Make every effort to conduct an assessment of the victim before conducting an assessment with the alleged abuser.
(5) Assess the victim’s immediate needs, including any need for medical consultation or examination.
(6) Assess the situation to determine whether there is imminent danger of life- threatening physical harm to the victim or another person, including but not limited to risk of grievous harm or ongoing sexual abuse of children in the home. If imminent danger exists, the FAP clinical provider will immediately contact the appropriate LEA and activate the FAP high risk for violence protocol before contact with the alleged abuser, or as soon as possible, in accordance with Service FAP headquarters implementing policy and guidance.
(7) Unless the situation indicates a restricted report is not appropriate and may further endanger the victim, or other exceptions to restricted reporting and confidentiality apply:
(a) Inform the victim of the option of a restricted or an unrestricted report. (b) Request the victim document their preference on a DD Form 2967.
DoDI 6400.06, December 15, 2021 Change 1, May 10, 2022
(8) In cases where the restricted reporting option was not available to the victim due to safety concerns or other exceptions, the FAP clinical provider will document in the victim’s record why the restricted report option was not available (e.g., not appropriate due to the risk of imminent harm or other exceptions as identified in Section 5) and discuss with the victim in accordance with Service FAP headquarters implementing policies and guidance.
(9) Conduct assessments of the victim and alleged abuser separately and in private. Appropriate safety measures must be taken if the provider believes the alleged abuser is present.
(10) Schedule appointments, when appropriate and possible, to:
(a) Prevent the alleged abuser and victim from meeting.
(b) Reduce the opportunity for influence by the alleged abuser or victim over the other.
inform:(11) Conduct a FAP central registry check for prior incidents of abuse, which may
(a) Safety planning.
(b) Command’s decision making.
(12) Inform the victim of the psychotherapist-patient privilege to, with certain exceptions, refuse to disclose, and to prevent other persons from disclosing, confidential communications between the psychotherapist and the patient as recognized by Rule 513 of the MRE. Absent a legally binding requirement to disclose, obtain clear consent before disclosing patient communications, or derivative information, outside of the clinical setting. The therapist will consult with their supervisor and legal counsel, as needed, to ensure the victim’s privilege is appropriately protected.
(13) Notify victims who have elected an unrestricted report of domestic abuse involving SVIP-covered offenses of their right to consult with a legal assistance attorney for legal support and their right to request SVC or VLC services, if eligible.
(a) Service members and their dependents who are victims of sexual abuse are eligible for legal assistance services and SVC or VLC services, in accordance with
Sections 1044e and 1565b of Title 10, U.S.C., whether that offense is restricted or unrestricted.
(b) Child abuse cases do not qualify for restricted reports.
(14) Provide information about the DoD CATCH Program to victims making a restricted report of sexual abuse for the purpose of identifying individuals suspected of perpetrating multiple sexual assaults, without breaching the victim’s restricted report, as outlined in Section 7.
(15) Notify the lead SARC for the installation, or other SARC as designated by the Military Service, of all official unrestricted reports of adult sexual abuse for entering data into the Defense Sexual Assault Incident Database (DSAID), as outlined in Paragraph 5.4.
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(16) Use the DoD Intimate Partner Physical Injury Risk Assessment Tool to evaluate the risk of physical injury to all victims who have been referred to the FAP for any domestic abuse incident, even if physical abuse is not being reported.
(17) Communicate the level of risk to the victim and to the Service member’s command in unrestricted cases, whether the alleged abuser is a Service member or a civilian.
(18) Use evidence-informed screening tools to: (a) Identify the presence of:
1. Depression.
2. Substance misuse.
3. Lethality risk factors. 4. Relationship problems. 5. Legal problems.
6. Suicidal ideation.
(b) Assess:
1. Military-related factors, including combat stress reaction, post-traumatic stress disorder, and traumatic brain injury for appropriate services or referrals, in accordance with Service FAP headquarters implementing policies and guidance.
2. History of trauma, including childhood trauma.
(19) Refer the victim and the alleged abuser for medical, behavioral, or other assessments and diagnosis outside of the FAP, or as appropriate, including to assist with coping abilities.
(20) Assess for the possession of, or access to, firearms, weapons, or other lethal means by the alleged abuser or the victim. For all reports, include in safety planning measures with the victim. If the report is unrestricted, immediately notify command.
(21) Evaluate:
(a) The alleged abuser’s potential for homicide and lethality upon learning of the partner’s decision to end their relationship, following an allegation of child sexual abuse, or upon identifying other high risk triggers. If potential for homicide and lethality is indicated, respond according to Service FAP headquarters implementing policies and guidance to secure necessary and appropriate mental health services for the alleged abuser.
(b) The victim’s potential for self-harm and refer for a mental health assessment if risk is indicated.
(c) All domestic abuse a