Marital and Family Therapy

Category - Law & Ethics

Happy-Go-Lucky Harry has been your client for several years. You can often tell when something is bothering him. Today you ask him what seems to be bothering him, since he is agitated and has difficulty speaking. “Well, I’ve been thinking a lot about how I have a hard time living with my sister-in-law’s constant nagging at both my brother and me. Sometimes it would be easier if she just weren’t around.” This case would/would not fall under the “duty to warn” because:
  1. No, because a homicidal plan has not been shared.
  2. Yes, because Harry has a history of homicidal ideation.
  3. Yes, because Harry has direct access to the victim.
  4. No, because you know Harry doesn’t really mean what he said.
Explanation
Answer - A - In order for duty-to-warn to apply, a specific plan must have been shared with the therapist. Thus far, Harry has admitted that he sometimes wishes she was not here, but has not shared any specific plans. Without any details to share with others, there is no duty to warn. Specificity is key when making a decision as to the necessity of disclosure.
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