The bill amends the Mental Health Code to enhance the process for accessing mental health records in cases of child abuse or neglect investigations. It specifies that if there is a compelling need for mental health records to determine whether child abuse or neglect has occurred, a department caseworker or administrator involved in the investigation must notify the relevant mental health professional and request pertinent records. The bill changes the timeline for the release of these records from 14 days to 7 days and clarifies that the mental health professional must review all records in their possession to identify those relevant to the investigation.

Additionally, the bill outlines that certain privileges, such as physician-patient and psychologist-patient privileges, do not apply to the mental health records released under this section. It also provides immunity from civil or administrative liability for individuals who, in good faith, release mental health records, unless their actions constitute gross negligence or willful misconduct. The bill emphasizes that the duties related to child abuse and neglect do not override obligations imposed by other statutes, including the child protection law.

Statutes affected:
House Introduced Bill: 330.1748