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Issues and Ethics
Tarasoff/Duty to Protect
12
Social Work
Undergraduate 1
11/07/2012

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Cards

Term
What is Tarasoff regarding?
Definition
Tarasoff v. Regents of the University of California, 17 Cal. 3d 425, 551 P.2d 334, 131 Cal. Rptr. 14 (Cal. 1976), was a case in which the Supreme Court of California held that mental health professionals have a duty to protect individuals who are being threatened with bodily harm by a patient.
* 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 protect the threatened individual.
Term
When was the original Tarasoff decision made?
Definition
1974
Term
When was Tarasoff reheard by the Supreme Court?
Definition
1976
Term
How may the professional discharge the duty?
Definition
Notify Police
Warn intended victim
Take other reasobnable steps to p[rotect threatened individual
Term
How did the Supreme Court restate the original position?
Definition
When a therapist determines that there is a serious danger of violence to another person, that the therapist has an obligation to protect identifiable victim (intended) reasonable care.
Term
What are the warning signs?
Definition
Imminent danger of harming himself or others
Term
DISCHARGE OF DUTY (California State) Must take one or more of the following steps:
Definition
1. Call intended victim
2. Noyify the police
3. Take steps that are reasonably necessary under the circumstances
* Careful to get legal council before going down the road
* Notify Supervisor
* Document conversation
Term
FOUR THINGS THAT NEED TO HAPPEN - DUTY TO PROTECT
Definition
1. Client and/or client family member

2. has communicated to the clinician

3. a serious threat of violence

4. against a reasonably identifiable victim
Term
What do you do when you need to protect?
Definition
CYA (consult collegeues, supervisor, legal counsel)


Conduct an assessment for violence (or find someone who can if you are not trained in threat assessment)


Document, document, document
Term
Eight violence assesments considerations?
Definition
1. Past history of violence. But consider if using or not using

2. mpulsivity (0-60 be very careful)

3. Ability to resist violent impulses (flight or fight)

4. Reaction to violence/desensitization

5. Motivation to maintain self-control

6. Major risk factor for violence is alcohol and/or drugs

7. If authorization for release of information: talk with family member (how do they handle conflict)

8. When doing assessment, look for consistency between different opinions between psychiatrist, other clinicians, family members, etc. When discrepancies apparent, send for further assessment.
Term
Reasonable steps to take when assessed positive for violence
Definition
1. Self 5150'ed

2. Changing txt plan (outpatient to in patient, stricter txt)

3. Warning of those threatened (other potential victims if in household)

4. Notify police (ask police to do a welfare check)
Term
Discuss Tarasoff as it relates to HIV/AIDS
Definition
Client is willfully engaging in high ensafe sex and wants to infect others.


HIV/AIDS ls not a threat of violence. Responsibility of partner to also use protection.
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