Misc Pub 27-8 Legal Handbook Commander’s 2019


no longer a requirement to provide 2 business days between notice and evaluation



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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
no longer a requirement to provide 2 business days between notice and evaluation.
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251
c. Emergency MHE
When a commander or supervisor refers a Service member for an emergency MHE owing to concern about potential or imminent danger to self or others, the following principles should be observed:
• Safety. When a Service member is exhibiting dangerous behavior, the first priority of the commander or supervisor is to ensure that precautions are taken to protect the safety of the Service member and others, pending arrangements for the transportation of the Service member to the location of the emergency evaluation.
• Communication. The commander or supervisor will report to the MHP the circumstances and observations regarding the Service member that led to the emergency referral either prior to or while the Service member is en route to emergency evaluation.
NOTE: There is no longer a requirement for the commander to draft a memorandum
outlining the Service member’s rights and reasons for the referral. There is also no longer
a requirement to provide a memorandum, as soon as practicable, to the MHP. Oral com-
munications between the commander and MHP suffice.
3. Command Promotion of Care Seeking for the Maintenance of Total
Well- Being.
Commanders or supervisors may make informal, non-mandatory recommendations for Service members under their authority to seek care from an MHP when circumstances do not require a CDE based on safety or mission concerns. Under such circumstances, the commander or supervisor will inform the Service member that he or she is providing a recommendation for voluntary self-referral and not ordering the care.
Commanders and supervisors will demonstrate leadership and direct involvement in development of a culture of total well-being of Service members by providing consistent and ongoing messaging and support for the benefits and value of seeking mental healthcare and voluntarily-sought substance abuse education.
Commanders and supervisors may educate Service members with respect to additional options for assistance, including confidential counseling from family support, Military OneSource resources, consultation from chaplains, and options for obtaining assistance with financial, legal, childcare, housing, or educational issues.
Commanders and supervisors will not substitute alternative approaches to CDE when there is significant concern regarding a Service member’s safety or performance of duty or concern for the safety of others.

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