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The Impact of "Duty to Warn" (And Other Legal Theories) on Countering Violent Extremism Intervention Programs

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Technical Report

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Naval Postgraduate School Monterey United States

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Countering violent extremism CVE programs are moving into the realm of intervention, diversion, and deflection. These programs require mental health professionals to conduct assessments, construct treatment plans, and provide the treatment. How can practitioners treat or divert individuals from the path to radicalization but also communicate when an individual remains a threat An understanding of the laws that facilitate or restrict disclosure of confidential health info, combined with a structure to oversee the process, is critical. Research for this thesis has focused on federal and Maryland state laws pertaining to medical record confidentiality and the duty to warn. This legal analysis has determined that exceptions exist within medical confidentiality laws, enabling mental health practitioners to disclose when a threat exists, and that Marylands duty-to-warn laws mandate that mental health practitioners have a duty to protect third parties from the actions of patients. Due to the varied disciplines involved in CVE, collaborative group models are suggested to structure the process.

Subject Categories:

  • Psychology
  • Sociology and Law

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