Coun 510 Group Presentation Slides.pptx

Duty To Warn - PSC Perspective Coun 510 Winter 2023 Sydney Hardcastle, Tessa Holmes, Brian Lee, Sonya Ruefenacht TW: Mentions of suicide, self-harm, & violence

Duty to Warn/Protect Laws by State NCSL (2022)

What is Duty to Warn for PSC’s? - Brian Duty to Warn Definition: Volks v. DeMeerleer (2016) - Extension of Tarasoff law in Washington State - "When a therapist determines, or pursuant to the standards of his profession, should determine, that his patient presents a serious danger of violence to another, he incurs an obligation to use reasonable care to protect the intended victim against such danger." - “ the scope of persons to warn or protect now includes those that are “foreseeable” victims, not reasonably identifiable victims subject to an actual threat.” - More or less somber reminder of Tarasoff Rule RCW 7 1.05.120 Duty to Warn is more or less handled the same way in Schools as in Clinical settings - Language in Tarasoff opens up mandated reporting to include school counselors. - Nuances - Dealing with majority minor students - Parental parties and district administration at play - ASCA Standards Waldo, S. L., & Malley, P. (1992).

Basic Guidelines - Brian NOTE: MANDATED REPORTING AND DUTY TO WARN ALTHOUGH RELATED, NOT THE SAME - Gather necessary background information to make best judgement - Have psycho-consult for guidance - Have Legal consult for guidance through Tarasoff-eligibility NOTE 2: NO SINGLE REFERRABLE DOCUMENT FOR SCHOOL COUNSELORS REGARDING DUTY TO WARN If Tarasoff-Eligible : General Guidelines - Notify student’s parents - case by case - Notify school authority - required - Notify police - required - Warn potential victim - required - Detain student - if possible Waldo, S. L., & Malley, P. (1992).

Duty to Warn - PSC in Washington State - Brian ASCA Model: Relevant Standards that are guiding principles similar to Tarasoff Law: - A.1. Support Student Development (Fidelity) - A.2. Confidentiality - A.9. Serious and Foreseeable Harm to Self and Others - A.11. Bullying, Harassment, Discrimination, Bias, and Hate Incidents - B.1 Responsibility to Parents/Guardians (Fidelity) - B.2 Responsibility to School (Fidelity) - B.3 Responsibility to Self (Fidelity) Common Types of Situations: - Threats of on campus violence/shooting - Drug/Alcohol behaviors - Harming another staff member/student/family member - Disclosure of abuse RCW 26.44.030 - Abuse and Neglect ASCA, 2019

School Counselor Identity- Brian Professional Identity is important to delineate from Personal Identity - Outside of campus/working hours, are you required to report? - "The law is unclear as to whether mandatory reporters (professionals and providers described in Chapter 74.34.020(10) RCW ) must report suspected abuse, abandonment, neglect, or financial exploitation of vulnerable adults when they are not working (outside of work hours). DSHS encourages all mandatory reporters to make a report to DSHS if he/she has reason to believe, at any time, a vulnerable adult or minor is or has been abused, abandoned, neglected, or financially exploited.” - Location of employment is important - location of employment may increase/decrease chances of being involved in situations of utilizing duty to warn https://www.dshs.wa.gov/altsa/home-and-communi ty-services/mandatory-and-permissive-reporters

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