When must a counselor provide a duty to warn?

The duty to warn is a legal and ethical obligation that requires a counselor to take action when a client poses a serious threat to another person. This principle is rooted in the duty of care that mental health professionals have toward third parties who may be at risk of harm due to the client's actions or threats. When a counselor becomes aware that a client has intentions to harm someone else, it is imperative that they take steps to inform potential victims and, if necessary, law enforcement, to prevent harm.

This responsibility to warn is established through case law, particularly the landmark Tarasoff case, which emphasized that mental health professionals must act when a clear and immediate danger exists. It is crucial for counselors to prioritize safety in such situations, understanding that failure to act could result in serious consequences.

The other situations mentioned, such as expressing dissatisfaction with therapy, discussing personal relationships, or experiencing a depressive episode, do not indicate an immediate threat to another person. While these scenarios may require attention and support from the counselor, they do not activate the duty to warn. Instead, they are part of the therapeutic process and require different therapeutic interventions rather than the obligation to warn.