Student Making Threats Against My Daughter

jym626
Fri, 21 Sep 2012 15:11:07 +0000

SodiumFree-

You didnt pose this question to me, but I’d like to respond.

States have differing reporting obligations, and the verbiage written into each state’s laws vary. As you mentioned California, you are probably aware of the Tarasoff rule [Judicial Notebook–Tarasoff reconsidered](Judicial Notebook--Tarasoff reconsidered) It, or variations of it, are used in many states. There are limits to confidentiality if a person poses an imminent risk to themselves or others, or identifies a potential target, and there is then a “duty to warn” the potential target of these threats. Of course it may be difficult to discern the veracity of these threats, so the mental health provider has to make a professional judgement in each case, and must ask a number of questions as part of their risk assessment, interview, therapy session, etc.

There are also, in some states, elder abuse laws, with mandated reporting if an older adult is suspected of being neglected or abused.

These are delicate cake-walk issues that are forever being discussed at risk management and ethics seminars/workshops. We joke that they should hand out xanax at the door of these workshops. These are tough judgement calls that have to be made, justified and documented by the healthcare professionals.

**ETA- Wanted to add, with all new clients, the limits of confidentiality are typically addressed either in writing or verbally at the outset of treatment. As licensed professionals, we are held to a higher standard with a duty to protect the public. Its my understanding that if a professional feels that they are obligated to report, that they should do so, should get professional consultation, document their records, etc. Sure it can have negative consequences on a therapeutic alliance, but there is a responsibility to protect the public and if the professional is acting in good faith, they are doing the right thing. No professional likes to have to make this decision.