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The Importance of Duty to Warn / Duty to Protect
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The Importance of Duty to Warn / Duty to Protect

By CCI Team

 

The phrase “duty to warn” is well known amongst mental health practitioners.  In his March 2017 article for his Avoiding Liability Bulletin Richard Leslie discusses the importance of understanding the Duty to Warn/Duty to Protect within your state of practice. As part of day to day practice those in the mental health profession need to apply clinical judgement in interactions with their clients.  This application along with the practical matters of having well-documented treatment records and knowledge of what exactly this “duty” involves is critical in the practitioner’s ability to protect themselves, should the unexpected happen.

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Do Mental Health Practitioners Report Relationship Abuse?.docx
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Do Mental Health Practitioners Report Relationship Abuse?

By Megan Zerfahs – Graduate Intern

 

Typically, mental health professionals are not mandated to report past incidents or suspicions of adult violence towards another adult—domestic violence included. However, some states have laws requiring practitioners to take action when the client is an assault (physical or emotional) victim. Mental health employees would be wise to know their federal and state legislation regarding mandatory reporting when debating breaking confidentiality to report partner abuse. According to Illinois Public Law (740 ILCS 110/11), practitioners may—but are not required to—disclose confidential information to protect an adult in danger of serious mental or bodily harm. The action is mandated when clients communicate knowledge of abuse towards persons who are elderly, disabled, or under 18 years of age or if clients disclose intent to harm themselves or others.

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