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MN Psych Juris: Mandated reporting and duty to protect (child abuse, vulnerable adults, threats of harm)

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Mandated reporting and duty to protect (child abuse, vulnerable adults, threats of harm)

Mandated reporting and duty to protect

Minnesota imposes independent reporting duties for child abuse and vulnerable-adult maltreatment, and a statutory duty to warn or protect in limited threat situations. The exam tests who must report, to whom, when, and how confidentiality limits apply.

Core rules

  • Licensed psychologists are mandated reporters of child abuse and neglect under Minn. Stat. § 626.556. Report when there is reasonable suspicion, not proof. Reports go to the local welfare agency, police, or sheriff.
  • Vulnerable-adult maltreatment is reported under Minn. Stat. § 626.557, generally through the common entry point; emergencies go to 911.
  • Minnesota's duty to warn under Minn. Stat. § 148.91 arises when a client communicates a serious threat of physical violence against a specific person. The psychologist must make reasonable efforts to notify the intended victim and law enforcement and may disclose only what is necessary.
  • Good-faith reporting is protected; failure to report can be a crime and a licensing violation. Document the threat, the disclosures, and the rationale.

Worked example

An adult client says, 'I bought a gun and I am going to shoot my former supervisor at her office on Friday.' This is a specific threat against an identifiable person. The psychologist should not rely on confidentiality. The psychologist must take reasonable steps to warn the target and law enforcement, document the exact statements and actions, and consider emergency evaluation or consultation. The psychologist should not wait for the client's permission.

Traps that cost marks

  • Reporting only after confirming abuse; reasonable suspicion is enough.
  • Warning a vague someone but not the specific victim.
  • Thinking duty to warn requires hospitalization in every case.
  • Failing to document the report or warning.
  • Disclosing more than necessary to the victim or police.