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Mont. Code Ann. § 27-1-1102

Duty to warn of violent behavior

Applied in 1 court decision — leading case Bradley Ex Rel. Pope v. Ray (1995)

Most recently applied in Bradley Ex Rel. Pope v. Ray (June 1995)

En

A mental health professional has a duty to warn of or take reasonable precautions to provide protection from violent behavior only if the patient has communicated to the mental health professional an actual threat of physical violence by specific means against a clearly identified or reasonably identifiable victim. The duty is discharged by a mental health professional if the mental health professional has:

(1) made reasonable efforts to communicate the threat to the victim and notify the law enforcement agency closest to the patient's or the victim's residence of the threat of violence; and

(2) supplied a requesting law enforcement agency with any information the mental health professional has concerning the threat of violence.

Official source: Montana Code Annotated (Montana Legislature). Reproduced from public-domain Montana statutes; confirm against the official source for the current text. Not legal advice.