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Code · STATUTE-COMPILATIONS · John S. McCain National Defense Authorization Act for Fiscal Year 2019 · Sec. 1089

Sec. 1089. POLICY ON RESPONSE TO JUVENILE-ON-JUVENILE PROBLEMATIC SEXUAL BEHAVIOR COMMITTED ON MILITARY INSTALLATIONS

477 words·~2 min read·/statute-compilations/comps-15483/sec-1089

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## SEC. 1089 POLICY ON RESPONSE TO JUVENILE-ON-JUVENILE PROBLEMATIC SEXUAL BEHAVIOR COMMITTED ON MILITARY INSTALLATIONS **[**[10 U.S.C. 1781 note](/us/usc/t10/s1781)**]** ###
(a)Policy Required The Secretary of Defense shall establish a policy, applicable across the military installations of the Department of Defense (including installations outside the United States), on the response of the Department to allegations of juvenile-on-juvenile problematic sexual behavior on military installations. The policy shall be designed to ensure a consistent, standardized response to such allegations across the Department. ###
(b)Elements The policy required by this section shall provide for the following: ####
(1)Any report or other allegation of juvenile-on-juvenile problematic sexual behavior on a military installation that is received by the installation commander, a law enforcement organization, a Family Advocacy Program, a child development center, a military treatment facility, or a Department school operating on the installation or otherwise under Department administration for the installation shall be reviewed by the Family Advocacy Program of the installation. ####
(2)Personnel of Family Advocacy Programs conducting reviews shall have appropriate training and experience in working with juveniles. ####
(3)Family Advocacy Programs conducting reviews shall conduct a multi-faceted, multi-disciplinary review and recommend treatment, counseling, or other appropriate interventions for complainants and respondents. ####
(4)Each review shall be conducted— #####
(A)with full involvement of appropriate authorities and entities, including parents or legal guardians of the juveniles involved (if practicable); and #####
(B)to the extent practicable, in a manner that protects the sensitive nature of the incident concerned, using language appropriate to the treatment of juveniles in written policies and communication with families. ####
(5)The requirement for investigation of a report or other allegation shall not be deemed to terminate or alter any otherwise applicable requirement to report or forward the report or allegation to appropriate Federal, State, or local authorities as possible criminal activity. ####
(6)There shall be established and maintained a centralized database of information on each incident of problematic sexual behavior that is reviewed by a Family Advocacy Program under the policy established under this section, with— #####
(A)the information in such database kept strictly confidential; and #####
(B)because the information involves alleged conduct by juveniles, additional special precautions taken to ensure the information is available only to persons who require access to the information. ####
(7)There shall be entered into the database, for each substantiated or unsubstantiated incident of problematic sexual behavior, appropriate information on the incident, including— #####
(A)a description of the allegation; #####
(B)whether or not the review is completed; #####
(C)whether or not the incident was subject to an investigation by a law enforcement organization or entity, and the status and results of such investigation; and #####
(D)whether or not action was taken in response to the incident, and the nature of the action, if any, so taken.
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Sec. 1089
POLICY ON RESPONSE TO JUVENILE-ON-JUVENILE PROBLEMATIC SEXUAL BEHAVIOR COMMITTED ON MILITARY INSTALLATIONS
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