Duty to Report, Duty to Warn/Protect

Duty to Report

All states have some form of Duty to Report laws and rules. Here are some commonalities:

• Requires reporting of child abuse, elder abuse, and disabled adult abuse

• Defines "Mandatory Reporters," which includes all health care license types

• Defines "child abuse," "elder abuse," and/or "disabled adult abuse"

• Provides where to make the report, how quickly the report needs to be made, and what information needs to be provided

• Provides immunity against actions for breach of confidentiality for Mandatory Reporters who report in good faith

• Liability may be imposed for failing to report

Duty to Warn/Protect

Most states have some kind of Duty to Warn laws, rules, and sometimes court cases (i.e. Tarasoff). Grey areas arise due to the specific language many of the Duty to Warn laws include. It generally helps to break down the state-specific law in order to analyze a situation. Although your state may differ, here are the general elements:

• A client communicated to you

• a specific threat

• of imminent,

• serious

• physical harm or death

• to clearly identified victim or victims

• with the apparent intent to carry out such threat.

Where to report this can vary from state to state from the police to the actual person being threatened. Additionally, some states consider this mandatory, while others consider it permissive. Either way, there is usually immunity for those who report in good faith. For mandatory states, liability may be imposed for failing to report.