DGO6.06 "Tarasoff Incidents"

This public review draft is open for public comment from 8/27/26 through 10/8/26. It is not an official representation of the published policy

6.06

6.06.01 PURPOSE  

This order outlines the rules and procedures for documenting and investigating threats communicated to a psychotherapist, commonly referred to as Tarasoff Incidents. 

6.06.02 DEFINITIONS  

A. Tarasoff Incident – An incident in which a suspect has communicated to a psychotherapist a serious threat of physical violence against a reasonably identifiable victim.  

B. Psychotherapist – Mental health care workers, including clinicians, psychiatrists, psychologists, marriage and family therapists, clinical social workers, and psychiatric nurses as defined in California Evidence Code § 1010. 

6.06.03 POLICY  

In incidents involving third-party threats communicated by a person to a psychotherapist, Department members shall prepare an incident report, conduct required investigations, and forward mandated information to the California Department of Justice (CA DOJ). This policy complies with California Welfare and Institutions Code § 8105(c) and California Education Code § 49394(c). 

6.06.04 PROCEDURES 

  1. Incident Report – At minimum and when available, the following information should be included in the incident report to meet reporting requirements:
    1. Title the incident report, “Tarasoff Threats.” Use an appropriate secondary title for any specific, additional crime(s).
    2. Note that the reporting party is providing assessment or treatment of the suspect's mental health.
    3. Provide the suspect's identifying information:
      1. Full name, including aliases, if known
      2. Sex
      3. Race
      4. Date of birth
      5. Height, weight, hair and eye color
      6. Address
      7. Phone number
      8. Social Security number
      9. Driver's license number
    4. Ask about the suspect’s access to firearms and conduct a firearms records check. 
    5. Describe the nature of the threat. 
    6. Provide the date the reportee first learned of the threat.
    7. Provide any identifying and/or contact information for the intended victim.
    8. Inquire if the reportee was successful in notifying the victim of the threat.
  2. Initial Investigation - Members shall document the mandated actions taken, as part of the initial investigation.
    1. If the threat relates to a student or a school, per California Education Code § 49394(c), members “shall immediately conduct an investigation and assessment of any threat or perceived threat,” which “shall include a search conducted at the school site, only if the search is justified by a reasonable suspicion that it would produce evidence related to the threat or perceived threat.” 
    2. Attempt to locate the suspect and if any crime has occurred (e.g., domestic violence, stalking, criminal threats, etc.), take appropriate enforcement actions or evaluate for 5150 (see DGO 6.14, Psychological Evaluations of Adults and DGO 7.02, Psychological Evaluations of Juveniles). 
    3. Consider requesting the issuance of a Gun Violence Restraining Order. 
    4. As allowed by law and when safe to do so, members should seize any firearms owned, possessed, or controlled by the suspect and book them for safekeeping (California Welfare and Institutions Code § 8100(b)). 
    5. Document the reasonable attempts made to notify the intended victim of the threat. If notification cannot be completed, document the reason notification was unsuccessful.
    6. Make notifications and forward the incident report to the Crisis Intervention Team and the appropriate investigative unit (e.g., General Work, SVU, etc.) for follow-up investigation. 

  3. Notifications - The Crisis Intervention Team (CIT) is tasked with fulfilling the notification requirements to CA DOJ and entering applicable information into the Mental Health Firearms Prohibition System (MHFPS). 

    Members should notify the appropriate investigative unit (e.g., General Work, SVU, etc.) based on the reported crime(s) and current notification/call-out criteria.