ILCS » Chapter 225 · Act 20

225 ILCS 20/16

Privileged communications and exceptions

Find cases: SyfertCases citing this section IL-ILGAilga.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
(225 ILCS 20/16) (from Ch. 111, par. 6366)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 16. Privileged communications and exceptions.
    1. No licensed clinical social worker or licensed social worker shall disclose any information acquired from persons consulting the social worker in a professional capacity, except that which may be voluntarily disclosed under the following circumstances:
        (a) In the course of formally reporting, conferring
    
or consulting with administrative superiors, colleagues or consultants who share professional responsibility, including a professional responsibility to maintain confidentiality, in which instance all recipients of such information are similarly bound to regard the communication as privileged;
        (b) With the written consent of the person who
    
provided the information;
        (c) In case of death or disability, with the written
    
consent of a personal representative, other person authorized to sue, or the beneficiary of an insurance policy on the person's life, health or physical condition;
        (d) When a communication reveals the intended
    
commission of a crime or harmful act and such disclosure is judged necessary by the licensed clinical social worker or licensed social worker to protect any person from a clear, imminent risk of serious mental or physical harm or injury, or to forestall a serious threat to the public safety;
        (e) When the person waives the privilege by bringing
    
any public charges against the licensee; or
        (f) When the information is acquired during the
    
course of investigating a report or working on a case of abuse, neglect, financial exploitation, or self-neglect of an eligible adult by a designated adult protective services agency and disclosure of the information is in accordance with the provisions of Section 8 of the Adult Protective Services Act.
    2. When the person is a minor under the laws of the State of Illinois and the information acquired by the licensed clinical social worker or licensed social worker indicates the minor was the victim or subject of a crime, the licensed clinical social worker or licensed social worker may be required to testify in any judicial proceedings in which the commission of that crime is the subject of inquiry and when, after in camera review of the information that the licensed clinical social worker or licensed social worker acquired, the court determines that the interests of the minor in having the information held privileged are outweighed by the requirements of justice, the need to protect the public safety or the need to protect the minor, except as provided under the Abused and Neglected Child Reporting Act.
    3. Any person having access to records or any one who participates in providing social work services or who, in providing any human services, is supervised by a licensed clinical social worker or licensed social worker, is similarly bound to regard all information and communications as privileged in accord with this Section.
    4. Nothing shall be construed to prohibit a licensed clinical social worker or licensed social worker from voluntarily testifying in court hearings concerning matters of adoption, child abuse, child neglect or other matters pertaining to children, except as provided under the Abused and Neglected Child Reporting Act.
    5. The Mental Health and Developmental Disabilities Confidentiality Act, as now or hereafter amended, is incorporated herein as if all of its provisions were included in this Act.
(Source: P.A. 98-49, eff. 7-1-13.)

    
Notes of Decisions
Cited in 6 cases, 2001–2015 · leading case: Brunton v. Kruger
Sort: Relevance Newest Treatment
Brunton v. Kruger (2015) ill “” 225 ILCS 20/16(1)(b) (West 2012) (“Privileged Communications and Exceptions”).”
Brunton v. Kruger (2015) ill “” 225 ILCS 20/16(1)(b) (West 2012) (“Privileged Communications and Exceptions”).”
In Re Medical Malpractice Cases Pending (2003) illappct · cites it 2× “selor or licensed clinical professional counselor shall disclose any information acquired from persons consulting the counselor in a professional capacity, except under the circumstances specified in that section of the statute (225 ILCS 107/75 (West 2000)); and 3) section 16 of…”
In re Marriage of Troy S. (2001) illappct “Rachel argues that the judge misinterpreted the privilege provisions in section 16 of the Clinical Social Worker and Social Work Practice Act (225 ILCS 20/16 (West 1998)). However, when the privilege was raised at trial, Rachel’s attorney indicated that this act should not be…”
Szfranski v. Azaran (2003) illappct · cites it 2× “censed professional counselor or licensed clinical professional counselor shall disclose any information acquired from persons consulting the counselor in a professional capacity, except under the circumstances specified in that section of the statute (225 ILCS 107/75 (West…”
In re Medical Malpractice Cases Pending in the Law Division (2003) illappct · cites it 2× “ssional counselor or licensed clinical professional counselor shall disclose any information acquired from persons consulting the counselor in a professional capacity, except under the circumstances specified in that section of the statute (225 ILCS 107/75 (West 2000)); and 3)…”
— 225 ILCS 20/16(1)(b) — 2 cases
Brunton v. Kruger (2015) ill “” 225 ILCS 20/16(1)(b) (West 2012) (“Privileged Communications and Exceptions”).”
Brunton v. Kruger (2015) ill “” 225 ILCS 20/16(1)(b) (West 2012) (“Privileged Communications and Exceptions”).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.