Duty To Warn

In almost every case, the counselor will keep material discussed in counseling sessions completely confidential. There are two exceptions:

First, if the client faces legal proceedings, the opposing attorney may request and the judge may grant a subpoenae of the counselor and/or your records. In such cases, the counselor is required by law to surrender the documents or be jailed.

Second, the counselor is legally and ethically obligated and has a duty to warn the appropriate officials if a client intends to take harmful, dangerous, or criminal action against him/herself or others. Likewise, if someone is committing sexual or physical abuse against the client or a child, the counselor is legally and ethically obligated and has a duty to inform the appropriate officials.

Before taking such action, the counselor may attempt to resolve the issue with the client to prevent such a breach in confidentiality. However, the counselor may deem it necessary and in the endangered party’s best interest to do so without forewarning the client.

Click to Download the Duty to Warn Form