Mandatory Reporting, Duty to Protect, and Legal System Contacts
This domain tests the reporting duties that override confidentiality, the duty to protect threatened third parties, and the counselor's role in court. The exam favors concrete fact patterns involving children, disabled adults, threats, and subpoenas.
Mandatory reports
Under G.S. 7B-301, any person who has cause to believe a juvenile is abused, neglected, or dependent must report to county DSS. Reasonable suspicion, not proof, triggers the duty. Under G.S. 108A-102, suspected abuse, neglect, or exploitation of a disabled adult is reported to DSS. Reports are made promptly and documented, and the counselor does not delay reporting to investigate or get client permission. Good-faith reports carry immunity; failure can be a crime.
Duty to protect
When a client communicates a serious threat of violence against an identifiable person, assess immediacy, means, target, and protective factors. Take reasonable steps to protect, which may include warning the intended victim, notifying law enforcement, arranging emergency evaluation or hospitalization, increasing treatment, and consulting. Disclosure must be limited to what is necessary. North Carolina's standard is shaped by case law and Board rules rather than one simple statutory checklist, so document the threat, assessment, actions, and rationale.
Legal system contacts
Distinguish a fact witness, such as the treating counselor, from an expert witness, such as an evaluator. Avoid serving as therapist and custody evaluator in the same case. Respond to subpoenas through the process described in the confidentiality section. Court-ordered evaluations may limit confidentiality; explain that before starting.
Worked example
A client says, 'I bought a gun; tomorrow I am going to my ex's office.' The counselor assesses intent and means, warns the ex and law enforcement, arranges emergency evaluation, and documents. Telling only the client's pastor is insufficient. Calling the ex's new partner and the client's employer is over-disclosure.
Traps
Waiting for proof before reporting child abuse. Treating all adult self-neglect as reportable when the statute covers disabled adults. Warning the whole community. Assuming a duty to warn every time a client is angry. Failing to document protective action.