(225 ILCS 20/16)
(from Ch. 111, par. 6366)
(Section scheduled to be repealed on January 1, 2028)
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