Obligation to disclose previous criminal behavior to law enforcement?

[SuckySurgeon7]

Hypothetically speaking, if a patient disclosed to me that they have done something in the past for which there is no statute of limitations, would it be my obligation to report this to someone? For example if a patient was not specific about a time, place or specific people, only a situation that occurred many years ago involving a crime he committed, what should happen?

Thanks

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[SomeDoc]

Hypothetically speaking, if a patient disclosed to me that they have done something in the past for which there is no statute of limitations, would it be my obligation to report this to someone? For example if a patient was not specific about a time, place or specific people, only a situation that occurred many years ago involving a crime he committed, what should happen?

Thanks

There is a duty to report only there is an imminent or foreseeable danger to self or to others. Past crimes do not get reported to law enforcement and is protected information, unless the aforementioned applies. It is a judgment call, but it would be wise to seek legal counsel before reporting such information if you are on the fence regarding dangerousness.

 

[wolfvgang22]

Not in Texas. Texas is also not a Tarasoff state.

 

[sunlioness]

Not in Texas. Texas is also not a Tarasoff state.

That was a Supreme Court decision. How is it not?


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[SomeDoc]

That was a Supreme Court decision. How is it not?


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California supreme court decision, not scotus

 

[splik]

this could vary between states but in most states not only is there no obligation but you would be liable for breaching confidentiality. I would recommend not even documenting it.

 

[SomeDoc]

this could vary between states but in most states not only is there no obligation but you would be liable for breaching confidentiality. I would recommend not even documenting it.

The majority of states have a mandatory duty to warn statute.

http://psychnews.psychiatryonline.org/doi/full/10.1176/appi.pn.2016.1b1?trendmd-shared=0&

 

[splik]

this thread isn't about duty to warn/protect I was obviously not talking about that

 

[SomeDoc]

this thread isn't about duty to warn/protect I was obviously not talking about that

I'm certainly not aware of any state statute where there is an obligation for a treating clinician to release criminal history under the context of dangerousness. If you know of any, do share.

 

[splik]

I'm certainly not aware of any state statute where there is an obligation to release criminal history under the context of dangerousness. If you know of any, do share.

neither am I but I can't say for certain which is why I said it might vary and I think one should definitely check state laws

someone asked about this at the AAPL forensic board review course last year and the answer was "states typically protect therapist confidentiality but you should check your state laws"

 

[wolfvgang22]

this could vary between states but in most states not only is there no obligation but you would be liable for breaching confidentiality. I would recommend not even documenting it.

If you don't document it, did the disclosure even happen?

 

[SomeDoc]

neither am I but I can't say for certain which is why I said it might vary and I think one should definitely check state laws

someone asked about this at the AAPL forensic board review course last year and the answer was "states typically protect therapist confidentiality but you should check your state laws"

Quoted by Resnick? We must have been in the same conference room. I hope fellowship is going well.

 

[SuckySurgeon7]

Thanks for the replies! I was running a little behind on my documentation yesterday, and I'm pretty sure the patient was just mumbling, now that I think about it. ;-)

 

[slappy]

Not in Texas. Texas is also not a Tarasoff state.

Guess I learned something today. Are there any other states where it's not mandatory to report?

https://www.law.uh.edu/healthlaw/perspectives/Tort/990917Thapar.html

 

[Crayola227]

say it's child abuse for which we are mandatory reporters, I'm assuming there's no statute of limitations in reporting that? or it has to be risk of imminent harm to child/ongoing?

what about elder abuse?

 

[splik]

say it's child abuse for which we are mandatory reporters, I'm assuming there's no statute of limitations in reporting that? or it has to be risk of imminent harm to child/ongoing?

what about elder abuse?

check your state laws! this varies widely between states including who is a mandated reported, who is protected by privilege and what is reportable. most states make it clear we are talking about current child abusers, other refer to substantial future risk, some (such as Connecticut and Georgia) mandate abuse that has occurred in the past. Institutions may have their own requirements. a few years ago the VA had us report any abuse, even if it happened 50+ years ago, even if the alleged abuser was dead. CPS laughed and took the report but never investigated these cases. I don't think they do this anymore (I hope not anyway)

 

[Shikima]

What if this wasn't a Tarasoff issue, rather the guy just admitted to Murder?

 

[SomeDoc]

What if this wasn't a Tarasoff issue, rather the guy just admitted to Murder?

Two important additional considerations for a clinician are the motivations for such disclosures to providers, namely:
1) Is the disclosure an attempt at intimidation, and
2) Is the disclosure part of a delusional system of beliefs