Misc Pub 27-8 Legal Handbook Commander’s 2019


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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
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249
c. Designees:
1) Senior Enlisted Member.
A senior enlisted Service member maybe designated by the commander or supervisor for ordering an emergency CDE for enlisted Service members.
2) Commissioned Officer Senior to Referred Officer.
In cases involving a commissioned officer, a commissioned officer of rank senior to the officer to be referred maybe designated.
4. Emergency MHE Referral
A commander or supervisor will refer a Service member for an emergency MHE as soon as it is practicable whenever:
Service member, by actions or words, such as actual, attempted, or threatened violence, intends or is likely to cause serious injury to him or herself or others and
When the facts and circumstances indicate that the Service member’s intent to cause such injury is likely and
When the commanding officer believes that the Service member maybe suffering from a severe mental disorder.
5. Reprisals
No one may refer a Service member for an MHE as a reprisal for making or preparing a lawful communication of the type described in 10 U.S.C. §§ 1034 and in DoD Directive 7050.06.
6. Voluntary Self-Referrals
A Service member may initiate a voluntary self-referral for mental healthcare. When self- initiated, the MHP will follow the policy and procedures of DoD Instruction 6490.08 with regard to both the presumption of non-notification, required notifications, and the extent of disclosure.
7. Training
Training must be provided annually to all Service members by the Military Departments regarding the recognition of personnel who may require MHE for imminent dangerousness, based on the individual’s behavior or apparent mental state.
8. Non-CDE Assessments of Contingency Operation-Deployed Service
Members
Mental health assessments of Service members deployed in connection with a contingency operation will be conducted, for purposes other than CDEs, in accordance with DoD Instruction, Mental Health Assessments for Service Members Deployed in Connection with a Contingency Operation.”

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