§ 5-910 — Social, psychological and medical records

(1) The social investigation, psychological and medical records of any juvenile offender shall be privileged and shall not be disclosed except: (a) upon the written consent of the former juvenile or, if the juvenile offender is under 18 years of age, by the parent of the juvenile; or (b) upon a determination by the head of the treatment facility, who has the records, that disclosure to another individual or facility providing treatment to the minor is necessary for the further treatment of the juvenile offender; or (c) when any court having jurisdiction of the juvenile offender orders disclosure; or (d) when requested by any attorney representing the juvenile offender, but the records shall not be further disclosed by the attorney unless approved by the court or presented as admissible evidence; or (e) upon a written request of a juvenile probation officer in regard to an alleged juvenile offender when the information is needed for screening and assessment purposes, for preparation of a social investigation or presentence investigation, or placement decisions; but the records shall not be further disclosed by the probation officer unless approved by the court; or (f) when the State's Attorney requests a copy of the social investigation for use at a sentencing hearing or upon written request of the State's Attorney for psychological or medical records when the minor contests the minor's fitness for trial or relies on an affirmative defense of intoxication or insanity. (2) Willful violation of this Section is a Class C misdemeanor. (3) Nothing in this Section shall operate to extinguish any rights of a juvenile offender established by attorney-client, physician-patient, psychologist-client or social worker-client privileges except as otherwise provided by law.

Legislative History

(Source: P.A. 103-22, eff. 8-8-23.)