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[RESOLVED] What Is Duty To Warn Protect?

Walcott and Cerundolo (2001) summarize the facts in the Tarasoff matter. Prosenjit Poddar was a student at UC Berkeley. Tatiana Tarasoff was also a student. Poddar told the university’s health scientist psychologist that he wanted to murder Tatiana Tarasoff. Although Tarasoff and her family were not warned by the psychotherapist, they’re doing notify the police who then interviewed Poddar to confirm his commitment. The’s police telling Poddar not to contact Tarasoff. Poddar stabbed Tatiana to death after Tarasoff had returned from a summer abroad. Tarasoff’s family sued the campus police and the university health service for negligence. Walcott, Cerundolo and Beck (2001), cite Tarasoff’s second case to establish a duty of protection🙈 [1]
The duty to warn refers to a counselor’s obligation to warn identifiable victims. The duty to protect is a counselor’s duty to reveal confidential client information in the event The counselor believes that third parties may have been harmed. The understanding of a counselor’s duty to warn begins with acknowledgment of the difference between the ethical responsibility of confidentiality and the legal term of privileged communication. Counselors must show respect by displaying confidentiality to clients. Confidentiality means that information will be kept between them confidentially. Counselors must protect client-counselor therapeutic conversations by using privileged communication. Also known as Therapist-Patient privilege, this is a legal doctrine that states counselors have the right to keep confidential information between them. This privilege belongs to the client rather than to the counselor. Generally, the only person who can use it is the counsellor. Client has the right to release information from the relationship. Private communication isn’t available in every state and isn’t always possible. A client who threatens to hurt himself-or herself, or other clients, is an exception. The American Psychological Association’s and the American Counseling Association’s Code of Ethics recognize exceptions and note that counselors are not required to maintain confidentiality when clients pose a threat or risk to identifiable others. Hannah Lopez (Puebla, Mexico) edited the above text on August 14, 20,21. [2]
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Most states have laws that permit or require certain activities. Mental health It is the duty of professionals to provide information on patients that may be violent. These laws are getting more attention due to recent mass shootings like those in Aurora (Colo.) and Newtown (Conn.). A New York law was enacted January 15, 2013. Moves that state’s The law has been changed to make it mandatory for mental health professionals who believe that patients could pose danger to themselves and others to file a report. Therapists can avoid civil or criminal liability for not reporting if they are acting “in good faith”. New York’s new law permits law enforcement to confiscate firearms belonging to patients who are believed to be at risk. Note: See the chart below to see an update. [3]
Nearly everyone in mental health has experienced the difficult task of having a client at one time or another that may pose a danger to themselves or someone else. The situation could present a dilemma for therapists or others, who must choose between protecting clients’ confidentiality and protecting them from harm. However, legal remedies exist to deal with such a dilemma. However, the downside is that not all jurisdictions have the exact same legal procedures. It is up to the practitioner to be aware of these specific procedures and obligations in each state. This can make it difficult for practitioners who practise in multiple states or move their offices after a while. Melissa Martinez of Matsuyama, Japan modified the above text on August 13, 2020. [4]

Refer to the Article

  1. https://www.socialworker.com/feature-articles/ethics-articles/Duty_to_Warn,_Duty_to_Protect/
  2. http://psychology.iresearchnet.com/counseling-psychology/counseling-skills-training/duty-to-warn-and-protect/
  3. https://www.ncsl.org/research/health/mental-health-professionals-duty-to-warn.aspx
  4. https://www.ukessays.com/essays/social-work/duty-to-protect-vs-duty-to-warn.php
Mae Chow

Written by Mae Chow

Passionate about writing and studying Chinese, I blog about anything from fashion to food. And of course, study chinese! I'm a passionate blogger and life enthusiast who loves to share my thoughts, views and opinions with the world. I share things that are close to my heart as well as topics from all over the world.

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