Tarasoff V. Regents of the University of California (1976)
Definition
California Supreme Court decision establishing a psychotherapist's duty to protect identifiable third parties from a patient's communicated serious threats of violence; adopted in varying forms across most US states.
- Court
- California Supreme Court
- Decided
- 1976
- Holding
- Duty to protect identifiable third parties from patient threats
- Influence
- Adopted in varying forms across most US states
Common questions
What conflict does the case create for a treating clinician?+
It requires balancing patient confidentiality, which normally protects therapy disclosures, against the safety of a named potential victim. Most jurisdictions resolve this by carving out a narrow, clearly defined exception to confidentiality rather than a general override.
Why is the case cited outside California?+
Although it is a state supreme court decision binding only in California, its reasoning was influential and many other states enacted their own duty-to-warn or duty-to-protect statutes modeled on or reacting to it, so it is treated as the foundational reference case nationally.
Related terms
- APA Specialty Guidelines for Forensic Psychology (2013)
- The eleven-section APA document setting professional and ethical standards for forensic psychological practice in the US, covering responsibilities, competence, diligence, relationships, fees,...
- BPS Division of Forensic Psychology Practice Guidelines 2017
- The UK professional standards document for Chartered Forensic Psychologists, structured around six competency domains: knowledge/skills/values, assessment, formulation, intervention, evaluation, and communication.
- Contingency Fee Prohibition
- The APA Specialty Guidelines Section 5 prohibition on forensic psychologists accepting fees contingent on the outcome of proceedings, because such arrangements create...
- Cross-Cultural Competence
- The requirement under APA and BPS DFP guidelines that forensic psychologists be aware of cultural and linguistic factors affecting assessment validity, and...
- HCPC
- Health and Care Professions Council; the UK statutory regulator that holds the protected title 'Forensic Psychologist' under the Health Professions Order 2001...
- Mental Healthcare Act 2017
- Indian legislation governing mental health services and the rights of persons with mental illness; Section 23 protects confidentiality of mental health information...
- Pre-Assessment Notification
- The APA Specialty Guidelines Section 6 requirement to inform the person being assessed, before evaluation begins, of the purpose, the requesting party,...
- Rehabilitation Council of India
- Indian statutory body regulating clinical psychology (and related professions); requires M.Phil. (Clinical Psychology) as the minimum registration qualification; no distinct forensic psychology...
- Smith V. Jones (1999)
- Canadian Supreme Court decision establishing that solicitor-client privilege and professional confidentiality can be overridden where there is a serious, clear, and imminent...
- W V. Edgell (1990)
- England and Wales Court of Appeal decision permitting a psychiatrist to disclose a confined patient's dangerous propensities to the Home Secretary where...