When Must a Therapist Report Criminal Activity?

The relationship between a therapist and their client is based on trust and confidentiality. However, there are certain circumstances where a therapist is legally obligated to report criminal activity. This article explores the legal obligations of therapists to report specific crimes in the context of U.S. law and ethical guidelines.

Therapists as Mandate Reporters

In the United States, therapists are considered mandate reporters, particularly for child abuse and child neglect. This responsibility stems from state laws and regulations. Under these laws, therapists are required to report any indication of harm to the client or to others. This includes situations where a client has disclosed plans to commit a crime.

The Tarasoff Case

Tarasoff v. Regents of the University of California (17 Cal. 3d 425) is a landmark case that established the legal duty of care between a therapist and their patient. According to this case, therapists must take reasonable steps to protect a potential victim if they are aware of a patient's intent to commit a future violent act. This duty extends beyond reporting to law enforcement if there is a clear and present danger.

The key points to remember are:

Therapists are under no obligation to report a client's past criminal activity as long as it does not involve a minor or does not present an imminent threat to themselves or others. Therapists are required to report any indication of intent to commit a violent crime against a specific person.

Harm to Self or Others

Therapists must report when a client expresses an intention to harm themselves or others. This is a clear and specific obligation. For instance, if a client tells their therapist, I have a bunch of guns and I am going to go out and kill people and then myself, the therapist is legally bound to report this to the appropriate authorities.

However, if the client does not express an immediate or specific threat, the therapist is not obligated to report. The threshold for reporting is high and requires a clear and imminent danger.

Confidentiality and HIPAA

Client confidentiality is a cornerstone of the therapist-client relationship. This means that therapists are not required to report most information shared in therapy sessions, except in cases where the client's actions pose an imminent threat to themselves or others, as mentioned above. This protection is enshrined in the Health Insurance Portability and Accountability Act (HIPAA).

For instance, if a client discloses past shoplifting incidents, this information remains confidential and is not reportable unless the therapist believes the client poses an immediate threat to themselves or others.

Scope of Reporting Obligations

Therapists have specific reporting obligations for crimes involving minors, such as:

Arson Murder Child abuse Sexual abuse of a minor

In these cases, even if the crime occurred many years ago, therapists are required to report it to the appropriate authorities. The primary focus is on protecting the welfare and safety of the minor.

For crimes that do not involve a minor or are not considered an imminent threat, therapists generally maintain client confidentiality. This includes:

Theft Shoplifting Robbery Illegal activities

Therapists are encouraged to prioritize the wellbeing of their clients and to maintain a trusting, supportive relationship that fosters healing and recovery.

In conclusion, while therapists have an important role in identifying and reporting certain criminal activities, the majority of information shared in therapy remains confidential. The legal and ethical considerations surrounding therapist reporting obligations are complex and vary based on the specific situation and the potential harm involved.