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Duty to warn is embedded in the historical context of two rulings (1974 and 1976) of the California Supreme Court in the case of Tarasoff v. Regents of the University of California. [page needed] The legal case was brought by the Tarasoff family after their daughter, Tatiana Tarasoff,...What is a “mandatory” duty to warn state?
In a “mandatory” duty to warn state, mental health professionals must warn potential victims (and in some states, law enforcement) of threats made by a patient, when all three of the following conditions are met: A specific threat of physical harm is made. There is a clearly identified or reasonably identified victim.What is a common law duty to warn?
Ray (66 S.W.3d 21) for common law duty to warn. A mental health professional has the duty to warn of or take reasonable precautions to provide protection from violent behavior only if the patient communicates an actual threat of physical violence by specific means and against a clearly identified or reasonably identifiable victim.How is a duty to warn and protect discharged?
If there is a duty to warn and protect under the limited circumstances specified above, the duty shall be discharged by making reasonable efforts to communicate the threat to the victim or victims and to a law enforcement agency.