Legal and
Ethical Issues
Child Therapy:
Duty to Warn
Darlene Joyce B. Francisco
Understanding Special
•Special
Education
Education (SPED)
refers to tailored educational
services designed to meet the
unique needs of children with
disabilities.
•It encompasses various
services such as individualized
education programs (IEPs),
accommodations, and related
services to support children's
The Role of Child
•Child therapists play a crucial role
Therapists in SPED
in supporting the emotional,
social, and behavioral needs of
children with disabilities.
•They work within the framework
of SPED to provide counseling,
psychotherapy, and other
therapeutic interventions to
promote the well-being and
academic success of these
children.
Legal Foundation: Tarasoff v.
Regents of the University of
California
•The duty to warn originates from
the landmark case of Tarasoff v.
Regents of the University of
California (1976).
•In this case, the court ruled that
mental health professionals have a
duty to warn identifiable potential
victims of their clients' threats of
harm.
Duty to Warn in Child
•The duty to warn in child therapy
Therapy
extends to situations where the
therapist has reason to believe
that the child poses a threat of
harm to themselves or others.
•This duty applies regardless of
whether the child is receiving
therapy in a clinical setting or
within the school environment.
Ethical
•In addition to legal
Considerations
obligations, child therapists
must also consider ethical
principles such as
confidentiality, autonomy,
and beneficence.
•Balancing the duty to warn
with maintaining trust and
confidentiality is a complex
ethical dilemma for
Confidentiality vs. Duty
•Confidentiality
to Warn is a
cornerstone of the therapist-
client relationship, fostering
trust and open communication.
•However, when a child's
safety or the safety of others is
at risk, therapists may need to
breach confidentiality to fulfill
their duty to warn.
Reporting
•Therapists must be familiar with
Procedures
reporting procedures mandated
by state laws and professional
ethical guidelines.
•They should have clear protocols
in place for assessing and
responding to situations that
require a warning or intervention.
Challenges and
•Despite the legal and ethical
Limitations
imperative to warn, therapists
may encounter challenges in
assessing the credibility of a
threat or determining the
appropriate course of action.
•Factors such as the child's age,
developmental level, and
capacity for understanding may
complicate decision-making.
Thank You!
