Law and Ethics 2

Reasonable steps to prevent suicide include.... Suicidal Clients

1. A "safe-care" plan 2. Increased contact (more sessions or phone calls) 3. Disposal of means 4. Referrals for medication 5. Notifying friends and family/create a 24-hour no suicide watch team 6. Voluntary hospitalization 7. Involuntary hospitalization 8. A social worker may break confidentiality (per evidence code 1024), but should be able to demonstrate that it was necessary to do so in a particular case.

Reporting is not mandated if ALL THREE of the following conditions apply Elder/Dependent Adult Reporting

1. A dependent/elder adult has told a social worker that he/she experienced a form of mandated abuse, but the mandated reporter has no evidence of this abuse. 2. The dependent/elder adult has a diagnosis of a mental disorder, defect or incapacity, or is under conservator ship because of the above conditions. 3. The social worker believes that the abuse did not occur.

Alcohol and Drug Counselors Child Abuse Reporting

1. Alcohol and drug counselors in a private or state licensed or certificated drug, alcohol, or drug and alcohol treatment program are mandated reporters of child abuse. Note: Alcohol and/or drug abuse by parent(s) or cargiver(s) is not, in and of itself, a sufficient basis for reporting child abuse and neglect.

Release of Authorizations Must...(6 Key Requirements) Authorization to Release Information

1. Be printed in a font size no smaller than 14 point or handwritten by the client. 2. Clearly authorize the release of confidential information and nothing else. 3. Indicate the name and function of the receiving party. 4. State the limits and purpose of disclosure. 5. Include an expiration date of the authorization. 6. Include a statement of the client's right to a copy of the authorization.

Reporting Out-Of-State Child Abuse Child Abuse Reporting

1. Child abuse must be reported in the state of California, regardlesss of the location of the abuse or current location of the abuser or the victim. 2. Reporting directly to an agency outside of the state of California does not fulfill the mandate required by law. In addition, because the law does not require or permit reporting to an agency outside of California, such reports would break client confidentiality and expose the Social Worker to liability.

Mandatory Exceptions to Confidentiality? Exceptions to Confidentiality

1. Child, dependent adult, or elder abuse (knowledge or reasonable suspicision) 2. The client is in an imminent danger to a "reasonably identifiable" person (refer to Tarasoff "duty to protect"). 3. Refer to The Patriot Act of 2002.

The following persons may consent to the outpatient psychotherapy treatment of a minor: Consent to treat minors

1. Either parent in an intact marriage 2. Either parents in a divorce in which court has ordered join legal custody (unless otherwise stipulated in the divorce decree) 3. Only the parent named as sole legal custodian where the court has ordered sole custody. 4. Adults who have been appointed as a minor's legal guardian by the court. 5. Adults who are raising a child in the absence or unavailability of the parents and who sign a caregiver's authorization affidavit. A caregiver's authorization affidavit may be overriden if a parent or leagl guardian consents to or refuses to consent to treatment of minor. 6. A minor parent may consent to the psychotherapy treatment of their minor as long as the parent is mature enough to understand the nature of the therapeutic process. 7. Adoptive parents have the same right to consent to treatment as biological parents. 8. Either unmarried biological parent may consent to treatment of their minor child. 9. Stepparents who sign a caregiver's affidavit can consent to the treatment of a minor stepchild. Foster parents ordinarily may not consent to the psychotherapy treatment of a minor foster child. Typicall, the attorner assigned to the child would authorize consent for treatment. (When the unit of treatment is the family, there is no specific legal requirement to obtain consent to treat the children along with the rest of the family. However, it would be prudent for social workers to obtain a written consent from parents or those with the ability to authorize.

What are the possible consequences of failure to report child abuse? Child Abuse Reporting

1. Failure to report child abuse is punishable by a maximum of 6 months in county jail and /or by a fine of maximum $1,000. 2. It could also result in disciplinary action and in a civic action for damages against the licensee. 3. Mandated reporters have absolute immunity from legal action arising from carrying out their mandate, unless a report is filed maliciously. 4. Social workers who investigate a suspected incident of abuse go beyound their mandate and expose themselves to possible civil liability.

Which types of abuse are optional to report? Child Abuse Reporting

1. Fetal and emotional child abuse. 2. Homelessness in a child will not necessarily triggere a mandated report; homelessness, in and of itself, is not a neglect situation.

When do social workers have a mandated responsibility? When do they not? Minor and Consensual Sex

1. If a minor is under 14and is engaged in seuxal activity with "persons of disparate age" (anyone 14 or older), this constitutes a mandated reporting responsibility. 2. If a minor is 14 or 15 years of age and engages in sexual activity with a person at least 10 years older, this would be a mandatory report. The birth dates of both minor and alleged perpetrator shall determine the 10 year age span. 3. All oral or anal sex, penetration with a foreign object, involving anyone under the age of 18 years, whether consensual or involuntary, must be reporte. 4. When a minor is under the age of 16 and is engaging in sexual intercourse with anyone 21 years of age or older, this situation requires a mandatory report. 5. Consensual, non-abusive, (excluding oral or anal)sex between minors both under the age of 14 and of similar age, maturity and development, or between minors who are between 14 and 18 and of similar age, maturity and development is not reportable

Location of Abuse: Timing and Recipients of Reports Dependent Adult/Elder Abuse

1. If physical abuse occurs in a long-term facility, and results is serious bodily harm, a telephone report must be made immediately to local law enforcement. A written report must be made within 2 hours to law enforcement, the facility's licensing agency, and local ombudsman. 2. If physical abuse occurs in a long term facility , and does not result in serious bodily harm, a telephone report must be mdae within 24 hours to local law enforcement and a written report within 24 hours to law enforcement, the facility's licensing agency, and local ombudsman. 3. If physical abuse occurs in a developmental center, and results is serious bodily harm, a telephone report and a written report within 2 hours to law enforcement, the facility licensing agency and local ombudsman. 4. Non-physical abuse that occurs in a long-term care facility must be reported as soon as possible to law enforcement or local ombudsman, and a written report within 2 working days to law enforcement or a local ombudsman. 5.If the suspected abuse occurred in a state mental hospital, a report must be made as soon as possible to designated investigators of the state department of mental health or local law enforcement agency.

Mandated Dependent Adult and Elder Abuse Reports (List 6 mandated reports and define each) Dependent Adult/Elder Abuse

1. Physical Abuse-(may include serious bodily harm)sexual abuse, physical or chemical restrains, or threats with the means to carry them out(assaults) 2. Abandonment - Withdrawal of care by someone previously responsible for providing such care. 3. Isolation- Preventing the person from having contact or communication with others. 4. Neglect - Failure by another to tend to the physical needs of a dependent adult or elder. Also includes self-neglect. 5. Abduction - Taking an elder or dependent adult out of California against his/her will or preventing the from returning to California. 6. Financial -

Which types of child abuse should be reported? Child Abuse Reporting

1. Physical abuse 2. Unlawful corporal punishment 3. Sexual abuse, including digital download, streaming or accessing minors engaged in sexually implicit images or actions(AB1775, 22015) 4. Unjustifiable punishment or willfuel cruelty 5. Neglect

A LCSW may...

1. Practice Psychotherapy 2. Diagnose and treat mental disorders (as long as this is directed towards helping people to achieve more adequate, satisfying, and productive social adjustments) 3.Administer and interpret psychological tests as long as it is within the LCSW's scope of competence as determined by education, training, or experience and as long as it is directed towards helping people to achieve more adequate, satisfying, and productive social adjustment.

What is Seth's Law? Bullying

1. Seth's law (2012) requires local education agencies to prohibit discrimination, harrassment, intimidation, and bullying. It allows bullying victims to be given priority for school district transfers.

Which circumstances may be ruled as an exception to privilige?

1. The client has introduced his/her emotional condition in a legal proceeding. 2. The client has treated information as if it were not confidential. 3. The social worker has been appointed by the court to examine the client. 4. The social worker has been ordered by the court to divulge information. 5. The client has sought therapy to commit and/or escape punishment for a crime. 6. The client is under 16 years of age and has been the victim of a crime. 7. Proceedings to determine sanity or client compentence.

A social worker has legal duty to protect an intended victim from harm when... Tarasoff Responsibilities

1. The client, a close family member of the client, or a credible third party 2. has communication to the therapist the client's "serious threat" (which must be imminent in order to be serious) 3. of "physical violence" 4. to " a reasonable identifiable [intended] victim'

What are the potential consequences of failure to report? Elder/Dependent Adult Reporting

1. The penalty for failure to report dependent adult/elder abuse is a misdemeanor, punishable by not more than 6 months in county jail or by a fine of not more than 1,000 or both. 2. Failure to report in a timely manner could cause disciplinary action by the licensing board and may result in a civil action for damages against the licensee. 3. Therapists who investigate a suspected incident of abuse go beyond their mandate and expose themselves to possible civil liability.

The duty to protect includes option actions, which are not mandated and may protect the victim: they are: Tarasoff Responsibilities

1. Warn the intended victim/s or someone likely to apprise the victim/s. 2. Have the client dispose of the means. 3. Institute a "No Violence" plan. 4 Have the client hospitalized. 5. Anything else the therapist deems reasonable under the circumstances to prevent the threatened harm.

Welfare and Institutions Code 5250 (Certification and Review Hearing)

A certification review hearing can be held to determine if a person can be involuntarily confined for up to 14 additional days for testing, evaluation, and trials of medications

Welfare and Institutions Code 5150 Involuntary Confinement

A client who due to mental disorer, is gravely disabled or a danger to self or others, can be involuntarily hospitalized for 72 hours for treatment and evaluation a 5150 can be initiated by anyone 18 or older by calling a county mobile emergency team. Only those designated by law can invoke a 51/50. The following people are authorized to invoke a 51/50. 1. Police officers who had specified training 2. Staff of county certified facility 3. Other professionals designated by the county.

Nonrelative extended famiily members (NREFM)

A foster child may be placed with a NRFEM(e.g. godmother, godfather, coach, close friend of the family). NREFM's do not need to be licensed, but must undergo criminal background check and are assessed by county welfare agencies. Intends to provide the child with a "homelike" setting with familiar people if parents or relatives are unsuitable (AB 545, 2014).

Emancipated minors define

A minor with the legal rights of an adult to consent to their own medical (including psychological) treatment and the right to enter into some legal contracts. Emancipated minors still have the legal protection of minors. As such, any instances of child abuse must be reported. Before beginning treatment a social worker should ask to see the marriage certificate, the enlistment papers, or the court order emancipating the minor.

Court order and privilige

A social worker first response upon receiving a court order is to disclose exactly what the order requires. A court is no obligation to assert privilige when receiving court order

Subpoenas and privilege

A social worker's first response upon receiving a subpoena is to assert privilege and not release the records or disclose the identity of the client. The social worker may release the records if there is written permission formt he client or the client's legal representative to do so.

Court-ordered domestic violence treatment Partner Abuse

AB 439 (2016) requires that a person who has been issued a restraining order and is required to complete court mandated batterers' treatment must enroll in the program by a specified deadline 1. If not specified by the court, enrollment must begin within 30 days of the court order. 2. Also requires written consent for attendance and written consent for disclosure of enrollment, attendance, and completion of the treatment program to the court and the protected party. 3. The attendee must also provide the court and the person protected by the restraining order name, address, and phone number of the treatment program.

Administration of Psychotropic Medication to Inmates (AB458, 2012)

AB 458 (2012) provides that no inmates shall be administered psychotropic medication on a nonemergency basis without the inmate's informed consent, unless a hearing is conducted in this case, if an administrative legal judge determines by clear and convincing evidence that the inmate: 1. Has a mental illness or disorder 2. As a results of that mental illness, the inmate is gravely disabled and lacks the capacity to consent or refuse treatment, or 3. Is a danger to self or others of not medicated and 4. There is no less instrusive alternatives to involuntary medication, and 5. The medication is in the inmate's best interest. Then involuntary administration of psychotrop[ic medication may occur. This bill is not intended to prohibit a physician from taking appropriate action in an emergency and it requires notice of a hearing to be filed within 72 hours of administering medication.

Which types of abuse are optional to report? Elder/Dependent Adult Reporting

Abuse that harms or endangers the emotional well being or causes metnal suffering of a dependent adult/elder may be reported. Mental suffering is defined as "fear, agitation, confusion, severe depression, serious emotional distress, brought on by threats, harrassment,or intimidating behaviors.

Placement with relatives

Allows and encourages social workers to place a child with relative or non relative extended family member with one who requests such placement after the detention hearing, but before disposition. May also place in that home without considering all who have requested preferential consideration (AB 1761, Effective January 1, 2015)

Scope of Practice defined

An exclusively legal concept which defines the extent of professional services an associate under supervisionor licensed Clinical Social Worker may perform pursuant to the registration or licensure

Define "Dependent Adult" and "Elder" Dependent Adult/Elder Abuse

Any person between the age of 18-62, residing in or who intends to reside in California, who has physical, mental, or financial limitations that restrict the ability to carry out normal activities of daily living, to protect his/her own rights, and which threaten the individual's capacity to live and independent life. Any person 65 years or older residing in or who intends to reside in California.

What is meant by "reasonable suspicion" as it is used in the Child Abuse and Neglect Reporting Act? Child Abuse Reporting

As it is used in the Child Abuse Reporting Act, "reasonable" means taht the suspicion is: objectively reasonable to be entertained. Based upon facts taht could cause a reasonable person in a similar situation, drawing, when appropriate, on his or her training and experience, to suspect child abuse or neglect. Assembly bill 2380 (2011) on child abuse reporting specifies that a mandated reporter does not require certainty to arrive at reasonable suspicion.

Confidentiality Defined:

Both a legal and ethical requirement placed on the social worker that restricts the volunteering or disclosure of information obtained in a therapeutic relationship, except under certain circumstances.

Cyberbullying Bullying

Bullying committed by means of an electronic act (such as post on social media) is now grounds on which suspension or expulsion from school may be based (Assembly Bill 746, 2012). School may suspend or expel students who use electronic means to bully another student(s) on or off school grounds. This bill expands the school and school district's discretion by removing the requirement that the bullying be on the school site, when going to or returning from school, or be related to a school activity or school-sponsored activity (AB256, 2014)

Historical Reporting of Child Abuse Child Abuse Reporting

Child abuse may not be reported when the client who discloses the abuse is no longer a minor (has reached the age of 18 or older) When an adult client reports having been abused as a child and the social worker reasonable suspision that the perpetrator has or is abusing others who are now under the age of 18, this would require a mandated child abuse report. The emphasis is on reasonable suspicion; there is no language in the Child Abuse Neglect and Reporting Act about the suspected abuser "having access" to children. Although social workers maintain confidentiality when clients disclose to have committed a crime, a client who discloses the murder of a mnor would constitute a circumstance requiring a mandated child abuse report.

Thomson v. Alameda (1980) Tarasoff Related Decisions

Decided that "for Tarasoff to apply, the intended victim must identifiable and the permit must be foreseeable..."

Hedlund v. Superior Court of Orange County (1983) Tarasoff Related Decisions

Decided that a therapist who fails to carry out the prescribed duty in a Tarasoff situation is liable for harm to any reasonably foreseeable bystanders who subsequently harmed by the dangerous client. The Hedlund decision does not create any extra duty for therapists who fail to carry out their Tarasoff duties.

Who is entitled to Confidentiality? Authorization to Release Information

Every client in the treatment unit is entitled to confidentiality. For example, if a social worker were treating a family, each member of that familyl (or his/her representative) would be required to sign an authorization prior to the release of any information.

Confidentiality of Electronic Records

Every provider of health care is required to preserve confidentiality of information contained in digital records when creating, maintaining, preserving, storing, abandoning, destroying, or disposing of them.

What is holding privilege versus exercising privilege

Holding Privilege: Every citizen of the United States holds their own privilege Exercising Privilege: Exercising privilege refers to the right to waive or assert privilege. In most cases, a mentally component adults has the right to exercise his/her own privilege. For minors or those deemed incomponent by virtue of age or medical disability, a court-appointed attorney, a guardian Ad litem, or a conservator will exercise the client's privilege

If the client is a warf of the state, who holds privilige? Who may exercise the privilege?

If a minor client is ward of the state, the client hold privilege. The privilege will be exercised by a legal representative, such as a judge or lawyer who represents child.

If the client is a minor and in treatment with parental consent, who hold privilege? Who may exercise the privilege?

If the client is a minor and in treatment with parental consent, the minor holds privilege, and a court rules whether the parent may exercise the minor's privilege If a judge so determines then the parents are given guardian Ad litem status. If the ourt finds that the child's interest and the parent's interest are in conflict, the court will appoint a lawyer to exercise privilege on child's behalf. That lawyer is the child's guardian Ad litem.

If the client is a minor and in treatment without parental consent, who holds privilege? Who may exercise the privilege?

If the client is a minor and treatment is without parental consent, the minor holds privilege and may assert or waive the privilege. If the social woker determines the minor does not understand the implications of privilege, the therapist exercises the privilege and the court will appoint a representative to the child and/or a judge will rule in the best interest of the child.

Felony domestic violence includes: (Partner Abuse)

In 2014, felony domestic violence expanded to include dating and fiancee relationships, as well as violence between spouses, ex-spouses, cohabitants and former cohabitants adn mother/fathers of the child in the household (AB16)

Reporting Responsibilities Dependent/Elder Abuse Reporting

In any setting, excluding Long-Term Case facility, upon knowledge or reasonable suspicion, a mandated reporter shall report to adult protective services by phone immediately and by written report within 2 working days.

"Veil of Immunity" Tarasoff Responsibilities

In carrying out the duty to protect, if a social worker warns the intended victim and notified a law enforcement agency, this is considered the highest standard of protection for the potential victim. This course of action may give the therapist a "veil of immunity" from any lawsuits that might arise if the client subsequently carries out the threatened violence. Tarasoff responsibilities may be satisfied by having a client involuntarily hospitalized (Tarasoff Case 1976) The 51/50 removes the imminence of the danger from client who poses an immediate and imminent threat to a reasonably identified other. However, hospitalization does not provide immunity under the Tarasoff Statue (California Civil Code 43.92), nor does it meet mandated reporting responsibility (SB 127).

Who can exercise a minor's privilige in the superior court - dependency proceedings?

Juvenile Court, Dependency Proceedings (e.g. CPS filed a petition to determine if a child's parent of guardian is abusive or neglectful. The court may temporarily or permanently remove the child from home). Who can exercise a minor's privilige? The minor patient, if the court finds the child to be of sufficient age (age 12 or older) and maturity, or the minor's guardian Ad litem appointed by the court.

Confidentiality of Child Abuse

Mandated reporters of child abuse are prohibited from disclosing the fact or contents of a child abuse report to unathorized recipients. Mandated reporters are permitted to respond to follow up inquiries from child abuse investigators. This law also extends to reporters of dependent adult and elder abuse.

Confidentiality of Medical Information

Ordinarily, the disclosure of a patient's outpatient treatment information would need to have a specified and written release from the patient; however, this does not apply to disclosures that would prevent or lessen serious, immenent threat to the health and safety of the client or reasonable foreseeable victim (or victims)

Welfare and Institutions Code 5300 (Continuing Danger to Others)

Persons who are receiving treatment pursuant to 5250 because they are dangerous to others may be confined for an additional 180 days of involuntary treatment if they met the criteria of section 5300. A result of a mental disorder or mental defect, presents a demonstrated danger of infliction of substantial physical harn upon other.

When and to whom are mental health professionals legally mandated to report or investigate child abuse? Child Abuse Reporting

Reporting is legal mandated for all mental health professionals who, when acting in their professional capacity or scope of employment, have knowledge or "reasonable suspicion"(including second-hand report) of abuse. Reports should be made immediately by telephone to a Child Protective Services Agency within the state of California. A written report should be completed within 36 hours of receiving knowledge or reasonable suspicion of the occurrence of abuse. Licensed health practioners are NOT required or permitted to investigate child abuse (AB 247, 2011).

What is the function of restraining orders and who may obtain them?

Restraining orders instruct the abuser not to disturb the peace of his/her spouse or partner (e.g. no phone calls, no visits to the house). Restraining orders may be obtained by 1. An abused spouse or partner. 2. A witness to domestic violence, including children who are witnesses.

A minor may become emancipated

S/he is at least 14 years of age has entered into legal marriage whether or not it is dissolved, is currently enlisted in the militray, or has been emancipated by the court by filing an emancipated petition stating s/he is: 1. at least14 years of age 2. is currently enlisted in the military 3. managing his/her financial affairs (no illegal income)

The Patriot Act (2002)

Section 215 of the Patriot Act allows the FBI or other government agent to obtain special subpoenas (national security letters) that compel therapists (librarians, ect.) to turn over whatever records, books, or other materials that are sought. Psychotherapist-client privilege does not apply to subpoenas issued pursuant to section 215 of the Patriot Act. Further, under the terms of section 215 of the Patriot Act, the therapist may not disclose to the client or anyone else that the records were either sought or obtained by the FBI or other government agents.

Evidence Code 1024 Exceptions To Confidentiality

States that there is an exception to confidentiality "if the psychotherapist has reasonable cause to believe that the patient is in such mental or emotional condition as to be dangerous to himself or to the person or property of another and that disclosure of the communication is necessary to prevent the threatened danger. 1. Therefore, social workers may break confidentiality to protect clients who are dangerous to themselves, to others, or the property of others. 2. In deciding whether to break confidentiality under E.C. 1024 social workers should err on the side of maintaining confidentiality, rather breaking confidentiality. 3. Disclosures under E.C. 1024 are not necessarily aimed at identifying the client to third parties, but to preventing the threatened danger. 4. In disclosing information under E.C. 1024 social workers should disclose the minimum amount of information necessary in order to accomplish the purpose of the communication.

Who can exercise a minor's privilege in the superior court - family law division?

Superior Court - Famiily Law Division (e.g. a lawsuit filed by a minor patient's parent/legal guardian seeking custody or visitation). Who can exercise a minor's privilige? 1. If a minor's counselor has been appointed by the court, the attorney holds privilege. 2. If a minor's counsel has not been appointed, the holder of privilige may vary. 3. The court may allow the minor patient's parent/s to hold privilige, if there are no conflicts between the minor and the parent/s. 4. The court may allow the minor to hold their own privilige, especially if the minior is 12 years or older.

Who can exercise a minor's privilege in the superior court-civil division legal setting?

Superior court-civil division (ie. a lawsuit filed on behalf of the minor patient seeking compensation for mental health distress) Who can exercise a minor's privilege? The minor patient's guardian or guardian Ad item appointed by the court

Ballah v. Greenson (1977) Tarasoff Related Decisions

Tarasoff does not apply to a client who is suicidal or is a threat to property. The court ruled that confidentiality, in these situations, is a more important principle. The decision did determine, however, that the therapist have the responsibility to take "reasonable steps" to prevent suicidal client from harming him/herself.

Permitted Exceptions to Confidentiality Exceptions to Confidentiality

The Client is a danger to self or to the person of property of others(right to break confidentiality -Section 1024 of the California Evidence Code). Disclosures mode to licensed professionals(supervisor professional consultations) to further the interest (for purposes of diagnosis and treatment) of the client. Authorization to release client information The client has signed a health insurance claim form or other waivers allowing the social worker to release information about treatment. Breach of Duty, including: 1. The Social Worker sues the client for non-payment(content of therapy reamins confidential). 2. The client sues the Social Worker for Malpractice.

Privilege defined

The legal right not to have confidential information revealed during legal proceedings or in court. It protects the client from having confidences revelealed publicly without permission. Privilege resides with the client regardless of age. However, under certain circumstances, privilege can be exercised (i.e. waived or asserted) by people other than the client

Is the right to privilige absolute?

The right to privilige is NOT absolute. A judge (not a Social Worker) decides whether the facts of particular case qualify as an exception to privilige.

Legal and Ethical Responsibilies Partner Abuse

There is no mandate to report domestic violence. In fact, doing so is an illegal breach of confidentiality. If a child is injured of domestic violence, however; a child abuse report would be mandated. Reporting child abuse for children who are victims of or harmed by violence between dating or fiances is mandated.

Confidentiality of HIV Positive/AIDS

There is no provision for social workers to breach confidentiality when working with HIV/AIDS clients.

How does Seth's law define bullying Bullying

This law expands the definition of bullying to include"any severe pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act and including one or a group of pupils engaging in sexual harrassment, hate violence, harassment, threats,or intimidation directed toward one or more pupils.

When May Confidential Client Information Be Disclosed To Third Parties? What Does This Confidential Information Include? Authorization to Release Information

Under the California Medical Information Act, confidential client information may be disclosed to third parties when authorized by the client in writing. The confidential information includees virtually anything that pertains to the client, including fact of therapy.

Ewig v. Goldstein (2004) Tarasoff Related Decisions

Under this ruling, a communication to a therapist of the client's "serious threat of physical violence to a reasonably identifiable other" need NOT come directly from the client, but may be communicated to the therapist by the client's family member or as commonly understood by a credible third party.

Menendez v. Superior Court (1991) Tarasoff Related Decisions

When making a Tarasoff warning, the therapist may break confidentiality to include statements made by the client which the therapist believes are necessary to convey the seriousness of the threat to the intended victim.

The duty to protect includes one mandated action, which is... Tarasoff Responsibilities

Within 24 hours of learning of a client's threat of imminent physical violence against a reasonably identifiable victim/s, a mandated reporter must report electronically that threat to local law enforcement (SB127, 2014). Local law enforcement is"local" to the potential perpetrator who is also the social worker's client.