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KY Psych Juris: Mandatory Reporting and Duty to Protect

KY Psych Juris · Work through your exam, one topic at a time.

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Mandatory Reporting and Duty to Protect

Child and adult abuse reporting

KRS 620.030 requires any person who knows or has reasonable cause to believe a child is abused or neglected to report immediately to the Cabinet for Health and Family Services or law enforcement. If the report is oral, a written report may be required within 48 hours. KRS 209.030 imposes a similar duty for adult abuse, neglect, or exploitation. The duty is personal; a supervisor's approval is not required.

Duty to protect

When a client presents a serious threat of violence against an identifiable victim, Kentucky law permits reasonable protective steps: warning the intended victim, notifying law enforcement, and arranging emergency evaluation or hospitalization under KRS Chapter 202A. The psychologist should assess intent, plan, means, and immediacy, then document the risk assessment and actions taken.

Worked example

A client says, "Tomorrow I am going to shoot my supervisor." The psychologist explores access to a firearm, specific plan, and history of violence. Because the threat is serious and identifiable, the psychologist warns the supervisor and police and arranges emergency evaluation; documentation includes the threat, assessment, calls, and rationale. Simply noting the statement in the chart is inadequate.

Traps

Waiting for proof before reporting; reporting only to a supervisor; assuming privilege blocks a mandated report; failing to document the risk assessment; confusing duty to protect with a duty to warn only.