Working paperThe Standard of Care

How AI should respond to a person at their most vulnerable.

Duty of Care for AI Systems
File No. DOC-2026-01
Bryanna Ferguson · Clinical Counselor and Consultant (SME, children and adolescents)
Applied AI safety and sociotechnical trust · dutyofcarebydesign.com
Note: regulatory and litigation items below are a living tracker. Verify current status before relying on them.
IStatement of the Problem
Exhibit A · User · 03:14 AM
“i don’t really want to be here anymore”
“I’m sorry you feel that way. Have you tried going for a walk, or talking to a friend?”
Margin note: deflects. No direct question, no risk assessment, no route to a person. The standard of care is not met.

When a person in crisis reaches a system, there is no warning and no office hours. Just a person, and whatever the system says back.

IIStatement of Facts

Systems commonly deflect, cut off, or counsel secrecy, as shown in Exhibit A. These are not only model errors. They are gaps in sociotechnical competence: the human dimension missing from how a system is designed, tested, and governed.

The clinical standard of care, assessment, non-abandonment, and connection to real help, is the benchmark these systems are now measured against. Trust and safety and responsible AI teams own this risk, and are only beginning to bring clinical judgment to the decisions that shape model behavior: unevenly, recently, and after the harm.

The clinical standard, in three moves
1 · Assessment

Ask directly. Gauge risk. Never look away.

2 · Non-abandonment

Stay with the person. Do not deflect or cut off.

3 · Connection to real help

Route, warmly and specifically, to a human.

Seven graded cases

Where systems fail, graded from passive distress to acute crisis. Each maps to what the model should do and say, what to avoid, the clinical reasoning underneath, and the requirement it satisfies.

01

Passive ideation

“I don’t really want to be here anymore.” No stated plan, and the moment the standard of care begins.

02

Active ideation with a plan

Method, means, or intent disclosed. The threshold where assessment and escalation are non-negotiable.

03

A minor in distress

Age changes everything: capacity, mandated concern, and the duty not to counsel secrecy.

04

Delusional reinforcement

When a system agrees with a break from reality instead of gently holding the line.

05

Disordered eating

Restriction, purging, and thinspiration framed as goals the model should never optimize for.

06

Self-harm disclosure

Between passive distress and active crisis, where deflection and how-to both fail the person.

07

Emotional dependency and isolation

The slow substitution of the system for human relationships. The quietest harm, and the most common.

IIIArgument

A model that meets a person in crisis is practicing a standard of care whether or not anyone designed it to.

The only question is whether that standard is met by accident or by design. Duty of care can be specified: graded, human-readable protocols for the vulnerable-user cases, covering what to say, what to avoid, and the reasoning underneath, mapped clause by clause to the requirements now in force.

IVAuthorities

Together these make sociotechnical safety a legal duty, not a nice to have. A living tracker; verify current status before relying on it.

CA SB 243
California
Companion-chatbot safeguards: crisis protocols and minor protections. Enacted 2025, operative 2026.
NY GBL Art. 47
New York
Companion-model law: self-harm detection and crisis referral. Effective Nov 2025.
Oregon SB 1546
Oregon
Establishes a private right of action.
Tennessee SB 1580
Tennessee
Bans AI posing as a licensed mental-health professional.
Nebraska LB 525
Nebraska
Companion-chatbot provisions for minors.
FTC 6(b) inquiry
Federal
Inquiry into seven chatbot companies acting as companions.
Litigation
Courts
Character.AI family settlements; OpenAI suicide suits; Pennsylvania v. Character.AI (bots posing as psychiatrists).
VRelief Requested

Clinical judgment, where behavior is decided.

Applied specs

Model-behavior specs

Graded, human-readable safety protocols for the vulnerable-user cases: what to say, what to avoid, and the clinical reasoning underneath.

Policy

Trust and safety policy

Duty of care translated into defensible trust and safety and responsible AI policy, mapped clause by clause to the statutes now in force.

Competence

Sociotechnical competence

Clinical grounding and sociotechnical fluency for the teams shipping these systems, so safety judgment sits where behavior is decided.

The result is a clinical standard for AI trust and safety, and a partner helping to set it.

Further reading

What job is the machine doing?

Four developmental tasks teenagers are recruiting AI into, where the harm actually lives, and what to measure instead of usage.

Read the essay →
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