-By Timothy Lyons
Psychologists and other licensed counselors as well as many other professions have a legal requirement to report certain incidents brought to them by their clients. It is a mandated reporting requirement. Because there may be different laws among the states, you would be best informed by getting information directly from your state. This would be in regard to specific requirements for mandated reporting. In cases where abuse or suspected abuse may occur, the legal right of the client to have this information remain confidential may be forfeited.
Mandated Reporting
First, if the client expresses that they will harm another person it trigger an incident of mandated reporting. In California this is now considered to be the duty to protect. If the client has told the therapist that they intend to harm another, the therapist has a duty to protect the persons who may be involved.
For some time this law was ambiguous and it seemed that the therapist had to notify law enforcement. In 2013 this was changed to become specific. The law now requires that the therapist take measure to protect. In the case where the therapist believes that contacting law enforcement will endanger the client, other measures may be taken. If the Therapist decides to contact law enforcement, they will have immunity. In the case where the therapist decides to take other measures, if those measure have to be judged then they must be proven to have been negligent.
Harm of a child
The California Child Abuse and Neglect Reporting Act (“CANRA,” Penal Code sections 11164-11174.4) requires certain professionals, mandated reporters, to report known or suspected instances of child abuse or neglect to law enforcement. Mandated reporting must report suspected child abuse and neglect. This must be performed so that a trained child welfare professional can assess the level of risk to the child.
This is to occur when in the course of their professional employment, the therapist witnesses, has knowledge of, or reasonably suspects that a child has been abused or neglected. The information that requires mandated reporting in the case of reasonable suspicion would mean that it be reported based on evidence that would cause a reasonable person to draw the same conclusion.
In California Penal code Article 2.5 Child Abuse and Neglect Reporting Act section 11165.2, the definition of neglect is the general negligent failure of a person having care or custody of a child to provide adequate food…or medical care. A Psychologist is a person identified in 11165.7(a) (21) as a mandated reporter. 11165.15 specifically addresses the topic of homeless children and how neglect, if suspected is to be reported to the proper authorities. Section 11166 dictates the numerous areas in which a mandated reporter is to report suspected negligence.
Elder Abuse
California Law, under the Welfare & Institutions Code for Elder Abuse, provides for mandated reporting of physical abuse, neglect, self-neglect, sexual abuse, mental suffering, financial abuse, isolation, abandonment or abduction of an elder or dependent adult. More specifically the code states that when the caretaker has observed or has knowledge of an incident that reasonably appears to be physical abuse, as defined in Section 15610.63, abandonment, abduction, isolation, financial abuse, or neglect, or is told by an elder or dependent adult that he or she has experienced behavior, including an act or omission, constituting physical abuse, as defined in Section 15610.63, abandonment, abduction, isolation, financial abuse, or neglect, or reasonably suspects that abuse, shall report the known or suspected instance of abuse by telephone or through a confidential Internet reporting tool.
Domestic violence
CA Health care providers are required to provide mandated reporting if they provide medical services to a patient whom they suspect is suffering from a physical injury due to a firearm or assault or abusive conduct. This is a general catch all so that in suspected instances of domestic violence the proper authorities must be contacted. The provider must contact a local law enforcement agency. This report must be mad by telephone immediately or as soon as practically possible. A written report must be sent within 48 hours of the incident.
The California act specifically sets out guidelines when state report requirements are triggered. When patient is : “suffering from any wound or other physical injury inflicted by his or her own act. Or inflicted by another where the injury is by means of a firearm.”It can also be if they are “suffering from any wound or other physical injury inflicted upon the person where the injury is the result of assault or abusive conduct.”
Harming Self
Mandated reporting may be invoked if there is a reasonable suspicion that you are likely to kill yourself. It can also happen where there is a reasonable suspicion that you are might harm yourself. There is no Federal law that mandates reporting for suicide risk. Each state has their own laws which cover if reporting is required. They will also define who is required to report and how they are to report. In some cases there may be professions that have rules regarding the reporting requirements in cases such as this. Confidentiality laws also vary by state in terms of when parental consent must be attained. In most cases if there is imminent risk, it would override parental consent.