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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.What is the history of duty to warn?
History of Duty to Warn. The duty to warn became law in California with the Tarasoff Decision. In Tarasoff v. Regents, the California Supreme Court ruled that mental health professionals have a duty to protect third parties and not only may, but must, violate client confidentiality to ensure the threatened party’s safety.