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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]).
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 shield law is currently codified in Article I, section 2(b) of the California Constitution and section 1070 of the Evidence Code. [1] Section 1986.1 of the California Code of Civil Procedure (CCP) supplements these principal shield law provisions by providing additional safeguards to a reporter whose records are being subpoenaed. [2]
The decisions of the Courts of Appeal are published in the California Appellate Reports. Both official reporters are now in their fourth series. The California Appellate Reports, the official reporter of the Courts of Appeal. The content of both reporters is compiled and edited by the California Reporter of Decisions. The Reporter maintains a ...
Duty to warn is embedded in the historical context of two rulings (1974 and 1976) of the California Supreme Court in the case of Tarasoff v. Regents of the University of California. [15] [page needed] [16] The court held that mental health professionals have a duty to protect individuals who are being threatened with bodily harm by a patient ...
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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.
Appellate review of the decisions of the Agricultural Labor Relations Board, [37] the Public Utilities Commission, [38] and the Workers Compensation Appeals Board of the Department of Industrial Relations [39] is available only by petition for writ of review (California's modern term for certiorari) to the relevant California Court of Appeal ...