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Conflicts between a mandated reporter's duties and some privileged communication statutes are common but, in general, attorney–client privileges and clergy–penitent privileges are usually exempt from mandatory reporting. In some states in the US, Psychiatrist and PhD. psychologists are also exempt from mandatory reporting. [16]
The criteria for reporting vary significantly based on jurisdiction. [11] Typically, mandatory reporting applies to people who have reason to suspect the abuse or neglect of a child, but it can also apply to people who suspect abuse or neglect of a dependent adult or the elderly, [12] or to any members of society (sometimes called Universal Mandatory Reporting [UMR]).
In the American Psychological Association's Ethical Principles of Psychologists and Code of Conduct, the therapist's duty to warn is implicitly contained within the guidelines for disclosure of confidential information without the consent of the client: "Psychologists disclose confidential information without the consent of the individual only ...
The original 1974 decision mandated warning the threatened individual, but a 1976 rehearing of the case by the California Supreme Court called for a "duty to protect" the intended victim. The professional may discharge the duty in several ways, including notifying police, warning the intended victim , and/or taking other reasonable steps to ...
Oregon's reporting law 419B.010(1), explicitly exempts pastors from any duty to report such privileged communications. [31] In California, absent waivers, Cal. Evid. Code § 912, both clergy and penitent – whether or not parties to the action – have the privilege to refuse to disclose a "penitential" communication. Cal. Evid. Code §§ 1033 ...
In medical law and medical ethics, the duty to protect is the responsibility of a mental health professional to protect patients and others from foreseeable harm. [1] If a client makes statements that suggest suicidal or homicidal ideation, the clinician has the responsibility to take steps to warn potential victims, and if necessary, initiate involuntary commitment.
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The U.S. Supreme Court has issued numerous rulings regarding mental health and how society treats and regards the mentally ill. While some rulings applied very narrowly, perhaps to only one individual, other cases have had great influence over wide areas.