California Law and Ethics Practice Exam

What triggers the Tarasoff duty in mental health practice?

1. The patient is in a difficult emotional state

2. The patient presents a danger of serious violence to an identifiable person

3. The patient has a history of violence

4. The therapist suspects suicidal thoughts

The correct answer is: The patient presents a danger of serious violence to an identifiable person

The Tarasoff duty is a legal obligation that mental health professionals have to protect individuals who may be harmed by a patient. This duty specifically arises when a patient poses a credible threat of serious violence to an identifiable victim. In essence, if a therapist determines that a patient has expressed intentions or a plan to commit violence against someone specific, the therapist is required to take reasonable steps to warn the potential victim or notify law enforcement entities. This principle was established following the Tarasoff case, which highlighted the necessity for mental health practitioners to intervene when there is a clear risk to another person's safety. The other options do not adequately trigger the Tarasoff duty. While a difficult emotional state or suicidal thoughts may warrant attention and intervention, they do not necessarily imply an imminent risk of harm to another identifiable person. A history of violence may be relevant in assessing risk, but it alone does not constitute an immediate good-faith belief that a specific act of violence will occur. Therefore, recognizing an identifiable threat of serious violence is crucial in establishing the Tarasoff duty.