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Are leaders able to go to a Soldiers house off post to conduct health and welfare inspections if they suspect there maybe a hygiene issue? I have seen leaders do this in the past against the Soldiers wishes. Can this be done? If not what are tools outside of DCFS/CPS if you are concerned a child maybe in an unhealthy environment but want to confirm it before involving official authorities?
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Healthcare
Healthcare
Posted 10 y ago
Responses: 23
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This is a pretty good discussion, and here at Fort Hood it is required that leaders check on/off post housing and barracks. It can be difficult when dealing with the spouse if you tell the Soldier you are coming to inspect thier home it can come over the wrong way to the spouse. What we did when I was a 1SG, myself and the commander would go to the Soldiers house after giving them 24 hours are so and we would take our wives, they were the FRG leadership and we would use this as a welcome to the unit and a chance to see how and where they were living, and it worked great. The wives put together a welcome packet and a small gift. Than the next visit came from section chief and platoon leadership. It seem to go easier if they brought thier wife and used it to introduce them. And this help build the FRG up.
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1SG Alan Bailey
I want to clear up my way of doing this, I was not going to inspect thier home, I wanted to know that my Soldiers were not living in area that most of us would not want our Soldiers living, and all of you that have been stationed at Hood know there are several of those areas. I was not through the house looking for things I would consider bad living conditions. The meet and greet would not leave the living room and would last about 10-15 min. These visits never came back to effect the Soldier. We just want to make sure our Soldiers and families are living in a safe neighborhood.
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SFC (Join to see)
Knowing the locations and where a-bouts is a requirement, the command has instructed us to complete home visits to off post members. As a member of the off post community, and a leader there are ways to ensure that the health and welfare of family and children are being taken care of. You have subordinates that are invited more times than not to each others homes. This is your first step in qualitative care. The trust you build in your sections, teams and platoons will speak for them selves. Open and honesty and truly knowing your soldiers will result in proper care for them.
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SPC (Join to see)
I just did a search to find the Army Regulation on this (and couldn't find the exact AR, could someone please tell me where it is found?). I found something dated 19 April 2010 from the Chief of Military Law and Ethics Division at Fort Hood, TX.
Para 2(a) states, "ONLY A COMMANDER may order the inspection
and the areas inspected must belong to the commander's unit."
Para 2(b) states, "However, commanders DO NOT have authority to conduct inspections or authorize searches in privatized housing or in a soldier's off-post quarters."
As for my previous understanding a 48-hour notice must be given to inspect privatized-housing (on/off-post) for Soldiers and that the spouse can refuse entry to the home. At least this is what has happened in my company. Our 1SG says just the downstairs, general living area and kitchen. I personally don't have a problem with it and neither has my wife, as long as we are given proper notice and no "drop in" inspections.
Source: http://www.knox.army.mil/Garrison/supportoffices/sja/docs/papers/mle/HealthWelfInsp.pdf
Para 2(a) states, "ONLY A COMMANDER may order the inspection
and the areas inspected must belong to the commander's unit."
Para 2(b) states, "However, commanders DO NOT have authority to conduct inspections or authorize searches in privatized housing or in a soldier's off-post quarters."
As for my previous understanding a 48-hour notice must be given to inspect privatized-housing (on/off-post) for Soldiers and that the spouse can refuse entry to the home. At least this is what has happened in my company. Our 1SG says just the downstairs, general living area and kitchen. I personally don't have a problem with it and neither has my wife, as long as we are given proper notice and no "drop in" inspections.
Source: http://www.knox.army.mil/Garrison/supportoffices/sja/docs/papers/mle/HealthWelfInsp.pdf
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SSG (Join to see)
The best way it to pass time with your soldier, Get to know them and even have BBQ at your house or a pot-lot and switch houses ounces in a will. That will help you to know your soldier on all aspects, Raise Moral on the Squad or Platoon, and will make them work better as a team.
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You can and should routinely visit the homes (which includes barracks as well as on/off post housing) of your Soldiers. It is your responsibility to ensure the Soldier and their dependents are living in a healthy environment - this is not a choice.
It doesn't have to be intrusive, just use common sense and use your senses. Let the Soldier know you'd like to visit (e.g. next week on Wednesday) their home just to see how everything is going with the Soldier (and family). Let your senses take over - the sense of smell will be the first alarm once the door opens...You will know if you have a problem or not but it is your responsibility to conduct the visit, its part of being a leader.
It doesn't have to be intrusive, just use common sense and use your senses. Let the Soldier know you'd like to visit (e.g. next week on Wednesday) their home just to see how everything is going with the Soldier (and family). Let your senses take over - the sense of smell will be the first alarm once the door opens...You will know if you have a problem or not but it is your responsibility to conduct the visit, its part of being a leader.
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CSM Michael J. Uhlig
Great responses, SSgt Olson & SGT Castleman, communication really is the key - should not be an intrusion when we visit with our service members, it should actually be a welcomed visit....it is an opportunity for them to have one-on-one time with their leader.
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SPC (Join to see)
According to what I found (I'd have to double check the source), a commander absolutely cannot enter a soldiers off post home. It is not under the commands responsibility, it is that soldier and spouse's personal home. In fact, the spouse can even call the police on you IF you force your way in.
You're not dealing with a barracks soldier, but a soldier with a family living off post and you need to go through proper channels to get a civilian search warrant. I can come back with where exactly this is written later, if you wish.
You're not dealing with a barracks soldier, but a soldier with a family living off post and you need to go through proper channels to get a civilian search warrant. I can come back with where exactly this is written later, if you wish.
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SGT (Join to see)
Sgm,
My question is where does our legal authority to do so come from?
I'm not against making sure our people aren't getting the wool pulled over their eyes by sketchy landlords (especially with younger folks that might not have the experience). And if all parties agree to it then theres no issue, but I dont think we have the authority to force the issue.
My question is where does our legal authority to do so come from?
I'm not against making sure our people aren't getting the wool pulled over their eyes by sketchy landlords (especially with younger folks that might not have the experience). And if all parties agree to it then theres no issue, but I dont think we have the authority to force the issue.
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Sgt J Armstrong
SPC (Join to see) - I believe you're referring to the Manual of Courts Martial where it states that a commander MUST obtain a search warrant from civilian authorities before entering a off post dwelling not under government control. Overseas the commander has more authority and can issue a written order themself. You could politely state that they have no jurisdiction and that they need to come back with a warrant from a civil judge or magistrate. Despite what has been said in this thread about merely wanting to connect with their troops, the SRNCOs and Commanders would be butthurt because someone challenged them by exercising their rights and their egos would take over and you would probably be facing a general court martial for disobeying their unlawful orders.
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Nope. Totally not legal under the 4th amendment, which still applies if modified to the ucmj. Old uneducated soldiers were told because you receive BAH, you can be inspected or have some one look in your house. Untrue. You enter a legal binding agreement with a landlord or even if you purchase a home. It's between you and the other entity, the military is not involved. If some one in your chain of command tries to force the issue at your door call the cops. Even on post dwellings require a detailed process to conduct an inspection. Even Mps are also required to observe certain protocols before entering a dwelling.
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