Mandatory Reporting, Duty to Protect, and Responses to Subpoenas and Court Orders
Mandatory Reporting
Alaska law requires reporting of suspected child abuse or neglect and other categories defined by statute (e.g., vulnerable adults). Reporting duties are triggered by reasonable suspicion, not proof. The psychologist reports to the designated agency and does not investigate. Reporting is an exception to confidentiality and does not require client consent.
Duty to Protect
When a client presents a serious danger to an identifiable person, the psychologist must take reasonable protective steps-warn the potential victim, notify authorities, arrange hospitalization, or increase treatment. This is a duty to protect, not merely a duty to warn. Document the risk assessment and the actions taken.
Subpoenas Versus Court Orders
- A subpoena is a request for records or testimony; it does not by itself authorize disclosure. Notify the client, assert privilege, and seek a court order or authorization.
- A court order is a judicial directive; comply unless you have a lawful basis to seek modification, and document the order and your response.
Traps
- Confusing reasonable suspicion with certainty-waiting for proof is a violation.
- Believing the duty to protect applies only to "duty to warn"-protection can take many forms.
- Releasing records in response to a subpoena without client notice or privilege assertion.
- Failing to document risk assessments and protective actions.
Rule of Thumb
Use the S-P-A sequence: Suspect → Protect or Provide notice → Act and document. For legal process, ask: Is this a request or a command? Requests require privilege assertion; commands require compliance and documentation.
Worked Example
A client states he intends to harm his former partner. The psychologist assesses risk, notifies the partner and law enforcement, arranges emergency evaluation, and documents each step-satisfying the duty to protect without breaching confidentiality improperly.