REMOVAL FROM DANGEROUS SITUATION
The Duty Officer or FAR usually lacks the authority to remove the victim from a dangerous situation against the will of the parent, guardian, or caretaker. If it is determined that such action is necessary, the appropriate law enforcement agency, family/youth court, and state or local protection agency shall be notified and petitioned to remove and escort the victim to an appropriate facility for medical attention or protection services.
EMERGENCY MEDICAL CARE
A detailed medical examination will be conducted on all abuse victims and medical treatment provided, when required. Notify the FAR or Deputy Family Advocacy Representative (DFAR) immediately of all such cases. The FAR or DFAR will notify civilian agencies in accordance with state/local laws. If other than a medical officer renders initial medical treatment, and as a result, a reasonable suspicion that abuse, neglect, or sexual assault results, the immediate assistance of a medical officer shall be requested. In remote or independent settings where a medical officer may not be physically available, guidance shall be obtained by phone, or other expeditious means, and recorded in the patient’s health record, and appropriate dispositions or referrals made. An abuse victim may be hospitalized temporarily for protective purposes if alternative placement is not available. The abuse victim should remain hospitalized until such time as satisfactory placement has been arranged. Coordination with a Navy judge advocate or other legal counsel and community child abuse/neglect officials is encouraged in cases in which parental consent to hospitalization is refused.
INTERVENING AUTHORITY
Because abuse incidents may occur in areas of concurrent or inclusive civilian jurisdiction, it is imperative that military and civilian agencies work together to ensure rapid intervention in the interest of abuse victims.
LINE OF DUTY AND MISCONDUCT
In each case in which a member of the naval service incurs an injury that might result in a permanent disability or which results in physical inability to perform duty for a period exceeding 24 hours, a finding concerning line of duty and misconduct must be made. The terms “line of duty, ” “not in line of duty,” and “misconduct” are used in combination to describe the status of an active duty member when a disease or injury is incurred.
It is the responsibility of the commanding officer or officer in charge of the individual at the time of the injury or disease to convene the necessary investigation or to take appropriate action.
If a member of the naval service is injured at a place distant from his or her command and is admitted to a naval hospital, the commanding officer of the naval hospital shall, if no investigation is being made of the incident, promptly report the matter to the area coordinator or designate a subordinate commander who shall take action to ensure that any required investigation is made.
HOW FINDINGS ARE DOCUMENTED
Depending on the extent of injury or disease, the circumstances in which the injury or disease was incurred, and the permanence of resulting disability, line of duty/misconduct determinations are recorded by one of the three following procedures.
JAG Manual investigation—A fact-finding body must be convened and the commanding officer must make findings concerning misconduct and line of duty in any case that:
The injury was incurred under circumstances which suggest that a finding of “misconduct” might result.
The injury was incurred under circumstances which suggest that a finding of “not in the line of duty” might result.
There is a reasonable chance of permanent disability being involved and the commanding officer considers that the appointment of a fact-finding body is the appropriate means by which to ensure that an adequate official record is made concerning the circumstances surrounding the incident.
