Mandatory Reporting and Duty to Protect
Two different duties
Candidates must separate the duty to report (a legal mandate to notify an agency) from the duty to protect (a clinical-legal obligation to act when a client poses serious danger). Arkansas mandates reporting of suspected child maltreatment and other categories defined by statute, and the duty attaches when a licensee has reasonable cause to suspect - not when the licensee has proof. The report goes to the designated authority, not to the alleged perpetrator.
Duty to protect
Where a client communicates a serious threat of violence against an identifiable victim, the licensee must take protective action consistent with law and clinical judgment - which may include warning the victim, notifying law enforcement, or arranging hospitalization. The duty is triggered by serious threat plus identifiable target; generalized anger is not enough.
Traps
- Waiting for certainty before reporting; reasonable suspicion suffices.
- Reporting to a supervisor instead of the agency and believing the duty is discharged.
- Confusing the threat standard - vague statements generally do not trigger the duty.
- Assuming confidentiality bars reporting; the mandate is an exception.
Worked example
A client describes hitting a child and shows bruising. The licensee reports to the child welfare hotline the same day, documents the report, and continues treatment. The licensee does not investigate or contact the family first.
Rule of thumb
Report on suspicion, protect on threat. When in doubt about a mandate, consult - but consultation does not replace the report.