Mental Health and Developmental Disabilities Confidentiality Act:

Access to minors’ mental health records expands to special education services with parental or guardian consent

Public Act 104-0263 (eff. Aug. 15, 2025)

The Illinois General Assembly amended the Mental Health and Developmental Disabilities Confidentiality Act to expand access to minors’ mental health and developmental records. The amendment allows parents or guardians of minors, regardless of the minor’s age, to inspect and copy records relating to mental health and developmental treatments and services provided to the minor, as long as the minor is receiving special education services under the School Code. The Act also authorizes the designated representative of such student over the age of 18 to access these records. Moreover, the provisions of this Act are not intended to interfere with existing protections or access to records under the Illinois School Student Records Act or the Individuals with Disabilities Education Act. This change clarifies and broadens who may obtain these records in the context of special education.