Duties to Report, Warn and/or Protect

What is Duty to Report?

• a decree to protect populations that are more susceptible to emotional or physical injury by others

Child Abuse/Elder Abuse

• child abuse must be reported in all states- must be reported when it is known
• elder abuse and the abuse of the mentally ill is also required in all states

Client Priviledge

• does not apply in these circumstances
• counselor could face penalties if abuse is failed to be reported

Domestic Violence

• most states DO NOT require mental health professionals to report domestic violence unless it falls under another mandatory reporting law

Past Crimes of Clients

• there is usually no duty to report a past crime unless a threat has been made to a third party

HIV/AIDS Positive Clients

• counselors should follow the mandate in your jurisdiction
• if you are unsure of your duty, contact your local health agency without revealing the name of the client

School Violence

• school and university counselors should be aware that FERPA allows relevant personally identifiable information to be released in an emergency

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