When a client shares something that sounds like a crime, you’re caught between two responsibilities—confidentiality and the law. The rules aren’t always clear, and your response can deeply impact both you and your client.
In this article, we’ll cover:
- What the law says about therapist confidentiality and reporting
- The difference between past crimes and future harm
- When mandatory reporting applies (child abuse, elder abuse, imminent threats, etc.)
- How ethics and licensing rules fit in
- Steps for reporting and documenting correctly
- What not to report, and why over-reporting can harm trust
By the end, you’ll know exactly when you must report, when you should consult, and when confidentiality still stands.
Can Therapists Report Crimes? What the Law Says
Therapists generally cannot disclose crimes shared in session, because confidentiality is a cornerstone of therapy. However, the law does require exceptions—specifically when there is abuse, neglect, or imminent risk of harm.
Understanding Mandatory Reporting Laws
While details vary by state, you are typically required to report in these situations:
- Child abuse or neglect – This includes physical abuse, sexual exploitation such as child pornography, emotional abuse, and neglect
- Elder or dependent adult abuse – Mistreatment or exploitation of vulnerable adults, often involving financial or physical abuse
- Imminent threats of violence – When a client poses an immediate danger to others
- Abuse seen in practice – Abuse visibly occurring during professional conduct, including in group or family therapy sessions
State laws vary in scope and deadlines. For example, California requires reporting suspected elder abuse within 24 hours, while other states allow more time or use different reporting processes.
Balancing Confidentiality, Ethics, and Legal Duties
As a therapist, you’re accountable to both the law and your professional ethical codes. Most of the time, they work hand in hand—but sometimes they can feel like they’re pulling you in different directions.
- Law comes first – If state law requires you to report, you must comply—even if keeping information private feels more aligned with your client’s wishes.
- Ethical codes emphasize confidentiality – Organizations like the APA and NASW stress protecting client trust and privacy. However, they also make room for exceptions when reporting is necessary to prevent serious harm.
- Ethics guide the gray areas – When the law doesn’t give a clear answer (e.g., vague threats or non-mandated crimes), your professional ethics help you weigh client trust, safety, and risk.
- When in doubt, consult – If a situation feels ethically gray, seek guidance from a supervisor, attorney, or your licensing board.
- Document everything – Record what was disclosed, your reasoning, and any consultations. This protects both you and your client.
Example: Imagine a client tells you they’ve been hitting their elderly parent in moments of anger. In most states, you’re legally required to report elder abuse. Ethically, you might feel torn about breaking trust—but both the law and your duty to protect the vulnerable person make reporting the right choice.
Key takeaway: Your ethical duty is to support your client, but your legal duty sets the boundaries. When conflict arises, the law prevails.
Duty to Warn or Protect: The Tarasoff Decision and Its Implications
One case brought these issues into sharp focus: Tarasoff v. Regents of the University of California.
The Tarasoff case began in California in the late 1960s. A student, Prosenjit Poddar, told his university therapist that he intended to kill a young woman named Tatiana Tarasoff. The therapist notified campus police, who briefly detained Poddar but released him when he appeared stable. No one warned Tarasoff herself.
Two months later, Poddar carried out his threat and killed her. Tarasoff’s parents sued the university, arguing that the therapist and police should have done more to protect their daughter.
In 1976, the California Supreme Court ruled that therapists have a duty to protect identifiable potential victims when a client makes a credible threat. This became known as the Tarasoff ruling.
Implications for Therapists Today
- Duty to Warn or Protect: Therapists must take reasonable steps to protect potential victims—this might mean warning the person, contacting law enforcement, or arranging hospitalization.
- State Differences: Some states legally require a duty to warn, others require a broader duty to protect, and a few do not impose a duty at all.
- Clinical Practice: Even in states without a formal Tarasoff law, ethical guidelines often encourage taking protective action when a threat is serious and specific.
Key takeaway: Tarasoff reframed confidentiality — showing that when a client makes a credible, specific threat of violence, therapists may need to break confidentiality to prevent harm.
Past Crimes vs. Future Harm: Legal Thresholds
One of the biggest gray areas for therapists is whether a disclosure about a past crime must be reported. The law usually focuses on preventing future harm, not punishing clients for what they did years ago.
Past Crimes (Usually Confidential)
If a client admits to something that happened long ago, and there is no ongoing risk, you are typically not required to report.
- Example: A client discloses they committed burglary 15 years ago. There is no current victim or danger → this stays confidential.
- Example 2: A client admits they once drove under the influence and caused a crash but were never caught. Because the event is in the past and no ongoing risk exists, this usually remains confidential—unless they suggest it’s still happening.
Future Harm (Reportable)
If the disclosure involves an ongoing or future threat, reporting may be required.
- Example 1: A client reveals they are currently abusing a child or planning to harm someone → this must be reported.
- Example 2: A client admits to viewing child pornography “a long time ago,” but still has access to such material. Because this suggests ongoing risk to children, you are legally obligated to report.
Key Principle
- Past crimes → Confidential, unless they involve an identifiable victim still at risk (e.g., ongoing child pornography possession).
- Future harm → Reportable, especially when there is imminent danger or a vulnerable person involved.
When in doubt, consult with a supervisor or legal counsel. The threshold is always about whether someone’s safety is at risk now or in the future.
Special Situations: When the Rules Get Complicated
Some therapy settings and client situations add extra complexity to confidentiality and reporting. Here’s what to keep in mind:
Group or Family Therapy
- Confidentiality is harder to maintain when multiple people are in the room.
- Always set expectations upfront: explain that you are bound by confidentiality limits, but group members are not - so confidentiality in group therapy depends on trust, not law.
- If abuse or imminent harm is disclosed in a group setting, your reporting duties still apply.
Minors
- Laws are often stricter for children and teens.
- A disclosure of abuse, neglect, or sexual exploitation by a minor must be reported—even if the minor asks you not to tell anyone.
- Example: A teen confides that their step-parent is hitting them. Even if they beg you to keep it private, this is a mandated report.
Domestic Violence
- Reporting domestic violence depends heavily on state law.
- If children are involved (even as witnesses), it’s almost always a mandated report.
- If no children or vulnerable adults are involved, you may not be required to report—though you should document, provide resources, and consult if unsure.
Animal Abuse
- Some states require mental health professionals to report suspected animal abuse, especially when it’s linked to child or elder abuse.
- Example: A client describes hurting their pet in anger. If you practice in a state where animal abuse reporting is mandated—or if it suggests risk to children—you may need to act.
Step-by-Step Guide to Reporting
When you determine that reporting is legally required, follow a clear process to protect both your client and yourself.
1. Identify and Confirm the Obligation
- Ask: Does this disclosure meet the threshold for mandatory reporting (child abuse, elder abuse, imminent threat, etc.)?
- Consult with a supervisor or legal counsel if unsure.
2. Contact the Right Authority
Different situations require different agencies:
- Child abuse or neglect: Report to Child Protective Services (CPS) or your local child welfare agency.
- Elder or dependent adult abuse: Report to Adult Protective Services (APS).
- Imminent threats of violence: Contact local law enforcement to prevent immediate harm.
- Professional misconduct: File with your licensing board or regulatory body.
In most states, you must make an initial phone call immediately, followed by written documentation within 24–48 hours.
3. Document and Follow Up
- Document facts, not opinions (exact quotes, observed behaviors, timelines).
- Make the report by phone if required, then submit written documentation within the timeframe your state requires (often 24–48 hours).
- Keep a record of the report, including the time, date, and who you spoke with.
Most states provide legal immunity if you make a report in good faith—even if it turns out your suspicion was unfounded. Careful documentation of your reasoning is your best protection.
Best practices for Therapists
Even when the law gives a clear answer, the way you handle disclosures can either protect or damage your therapeutic relationship. These best practices help you balance legal duty with client trust.
1. Be Transparent From Day One
- Set expectations in the very first session: explain that most conversations are confidential, but certain disclosures (abuse, imminent harm) may require reporting.
- Clients are less likely to feel betrayed if they’ve been informed about these limits upfront.
2. Document Everything
- Record what was said in exact words when possible.
- Include the date, time, and context of the disclosure.
- Note who you consulted (supervisor, attorney, or board) and the decision you made.
- Good documentation shows you acted responsibly and shields you legally.
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3. Consult Before Acting
- If a disclosure feels like a gray area, don’t decide alone.
- Talking it through with a supervisor, legal counsel, or your licensing board reduces the risk of either failing to report when you should or breaching confidentiality unnecessarily.
4. Avoid Over-Reporting
- Reporting beyond what the law requires can break trust and harm the therapeutic alliance.
- If you’re unsure, pause—consult, document your reasoning, and act only when the situation meets the legal threshold.
Common Questions Therapists Ask
Past Crimes
Q. My client admitted to shoplifting years ago. Do I have to report?
A. No. Past crimes with no ongoing risk usually remain confidential.
Q. A client told me they committed fraud years ago—should I report?
A. Not unless it involves a vulnerable person (like ongoing elder financial exploitation).
Q. What if a client says they once viewed child pornography but claims they no longer do?
A. Possession of child pornography is always a mandated report. If there’s any possibility they still have access, you must report.
Future Harm / Threats
Q. A client says they plan to hurt someone this week. What should I do?
A. You likely have a duty to warn/protect. Contact law enforcement and possibly notify the intended victim, depending on your state’s laws.
Q. A client says they “fantasize” about harming others but have no plan. Do I report?
A. Not usually. Fantasies without intent or a specific target don’t meet the reporting threshold. Document and monitor closely.
Q. What if a client tells me they want to kill themselves?
A. Suicidal intent requires immediate clinical intervention. You may need to break confidentiality to contact emergency services or a guardian.
Abuse & Vulnerable Populations
Q. A teen client confides their step-parent is abusive. Do I report even if they beg me not to?
A. Yes. All suspected child abuse must be reported, regardless of the minor’s wishes.
Q. An adult client says they sometimes slap their elderly parent in anger. Reportable?
A. Yes. Elder abuse is a mandated report in most states.
Q. My client describes hurting their pet. Does that require reporting?
A. Depends on your state. In some jurisdictions, yes—especially if there’s also risk to children or vulnerable adults.
Legal Pressures
Q. Police ask me for information about a client. Do I have to share?
A. No, not without a court order, subpoena, or specific legal authority.
Q. What if I get a subpoena for my client’s records?
A. You must comply, but consult with your attorney first. Sometimes you can request to limit or protect sensitive disclosures.
Q. A client admits to perjury in court. Am I required to report?
A. No, unless it directly involves child safety or another mandated category.
Gray Areas
Q. What if a client hints at “illegal stuff” but won’t give details?
A. You can’t report vague disclosures. Explore gently, but don’t push for specifics you may be forced to report unless safety is clearly at risk.
Q. My client refuses help but is clearly unsafe. Can I act anyway?
A. Yes, if there’s imminent danger to themselves or others. Document your reasoning carefully.
Q. A client says their partner is violent but doesn’t want police involved. Do I report?
A. If children or vulnerable adults are involved, yes. If not, you may not be mandated, but you should provide resources and document.
Further Resources
- HIPAA Privacy Rule
- State Child Abuse Reporting Laws
- National Association of Social Workers – Code of Ethics
- APA Guidance on Duty to Warn
- CEU Courses on Reporting and Risk
Conclusion
So, can therapists report crimes? Yes, but only when the law demands it.
Therapists may report child abuse, credible future threats of violence, self harm with imminent risk, specific vulnerable adult exploitation, or court-ordered disclosures. But most cases, especially those involving past crimes or non-imminent risk, remain confidential.
The best interest of the client always matters but it can coexist with appropriate legal obligation. Knowing when to report, whom to inform, and how to document ensures responsible, ethical care.
Stay informed. Understand your state's unique mandates. Attend continuing education that reinforces confidentiality laws and mandatory reporting rules. When in doubt, seek help.
And always prioritize documentation, transparency, and thoughtful decision-making.
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