Welf. & Inst. Code 5328(r) (2005)

Summary:

Notwithstanding the general confidentiality protections of Welf. & Inst. Code 5328, when the patient, in the opinion of his or her psychotherapist, presents a serious danger of violence to a reasonably foreseeable victim or victims, then any of the information or records may be released to that person or persons and to law enforcement agencies as the psychotherapist determines is needed for the protection of that person or persons.

Keywords:
developmentally disabled, health care provider, law enforcement, mental health professional, mental health, recipient of social services
Parties Bound: 
state, federal, and county mental hospitals, institutions, and psychiatric hospitals
Other Relevant California Code Sections: 
Evidence Code 1010: defines “psychotherapist”
Associated Federal Law(s): 
164.512(f)
Uses and disclosures for which an authorization or opportunity to agree or object is not required : law enforcement purposes
Associated Federal Law(s): 
164.512(j)
Uses and disclosures for which an authorization or opportunity to agree or object is not required : to avert a serious threat to health or safety