Term
| What is Tarasoff regarding? |
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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. |
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Term
| When was the original Tarasoff decision made? |
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Definition
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Term
| When was Tarasoff reheard by the Supreme Court? |
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Definition
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Term
| How may the professional discharge the duty? |
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Definition
Notify Police
Warn intended victim
Take other reasobnable steps to p[rotect threatened individual |
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Term
| How did the Supreme Court restate the original position? |
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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. |
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Term
| What are the warning signs? |
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Definition
| Imminent danger of harming himself or others |
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Term
| DISCHARGE OF DUTY (California State) Must take one or more of the following steps: |
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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 |
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Term
| FOUR THINGS THAT NEED TO HAPPEN - DUTY TO PROTECT |
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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 |
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Term
| What do you do when you need to protect? |
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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 |
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Term
| Eight violence assesments considerations? |
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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. |
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Term
| Reasonable steps to take when assessed positive for violence |
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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) |
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Term
| Discuss Tarasoff as it relates to HIV/AIDS |
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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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Term
| What are the 3 laws that pertain to 5150? |
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Definition
Lanterman-Petris-Short Act (LPS)
California Code of Regulations, Title 9
CA Welfare and Insitutions Code (beginning at 5000) |
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Term
| What does the laws pertain to? |
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Definition
Voluntary/Involuntary treatment
Patient confidentiality
Patient Rights
Conservatorship |
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Term
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Definition
| Involuntary detention in an acute psychiatric care care facility resulting in a temporary loss of personal freedom |
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Term
| What does the Welfare and Institution Code 5150 define the standard as? |
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Definition
An individual has a mental diisorder.
- Does not define what disorder is
- Looks to DSM as guide |
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Term
| What is the standard for a 5150? |
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Definition
Personmay be placed on a 72 hour involunrtary hold if there is probable cause to believe that the person is a:
1. Danger to themselves
2. Danger to others
3. Is gravely disabled AND
4. Unwilling to accept voluntary treatment |
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Term
| What is danger to oneself? |
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Definition
| Deliberate intention to injure oneself, or a disregard for personal safety to the point of imminent danger |
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Term
| What is deanger to others? |
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Definition
| Words or actions that indicate a person is goimg to cause harm to another or intends to engage in dangerous acts with gross diosregard for the safety of others |
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Term
| What is a grave dfisability? |
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Definition
| A condition in which an adult with mental disorder is unable to provide basic needs such as food, clothing, housing even with the asssistance of willing responsible others |
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Term
| What are some basic things to do regarding a 5150? |
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Definition
1. Check with respective county?
2. Determine effective 5150 criteria (if gun involved notify poilce immeditely)
3. Consulty with supervisor
4. Document, document, document |
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