Keyword Analysis & Research: what does duty to warn mean

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Frequently Asked Questions

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 the duty to warn and protect?

The duty to warn and protect may arise in contexts other than threat of injury or homicide of identifiable victims. Counselors should be mindful of obligations to warn and protect against clients’ threats of danger to identifiable or foreseeable victims of (a) HIV/AIDS, (b) child abuse or neglect, (c) incest, and (d) battery.

What is a “no duty to warn”?

Few states have “No Duty to Warn”, which means the mental health professionals are NOT PERMITTED by the State law to breach confidentiality to warn the 3rd party of potential threats.

When is a duty to warn discharged?

The duty is discharged if the treating professional makes a reasonable effort to communicate the threat to the potential victim or victims and to notify law enforcement authorities in the vicinity of the patient's or potential victim's residence. Also provides for immunity for disclosure. No Duty to Warn/Protect; Confidentiality Enforced. Md. [Cts.

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