Johnston v. Weil, 241 Ill. 2d 169

Johnston petitioned for postdissolution custody modification of their McCann child; Dr. Amabile issued a 604(b) report in McCann proceeding.
604(b) evaluation required cooperation and involved tests; Dr. Amabile advised report would be disclosed to court, counsel, and parties.
Weil sought custody of his daughter in Weil proceeding; Johnston claimed 604(b) report was confidential under the Confidentiality Act.
Circuit court in Weil proceeding ruled 604(b) report from McCann was not privileged; cases for dismissal followed.
Appellate court held 604(b) information is not confidential under the Confidentiality Act; majority affirmed denial of confidentiality.
This Court certified the question under Rule 308 and ultimately held that 604(b) reports are not confidential under the Confidentiality Act and remanded.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Are 604(b) reports confidential under the Confidentiality Act?	Johnston asserts the 604(b) communications are privileged as confidential mental health records.	Defendants contend 604(b) reports are not confidential under the Confidentiality Act.	No; 604(b) reports are not confidential under the Act.
Does section 605 provide a remedy that seeks disclosure across proceedings?	Plaintiffs rely on cross-proceeding access via 605 for custodial information.	Defendants argue 605 does not override 604(b) confidentiality protections.	Section 605 provides a remedy but does not render 604(b) reports confidential in this context.

Bonaguro v. County Officers Electoral Board, 158 Ill.2d 391 (1994) (statutory construction and intent considerations in balancing interests)
Norskog v. Pfiel, 197 Ill.2d 60 (2001) (confidentiality in court-ordered mental health evaluations; limits on disclosure)
Reda v. Advocate Health Care, 199 Ill.2d 47 (2002) (robust confidentiality for mental health records; statutory framework)
In re Marriage of Bhati, 397 Ill.App.3d 53 (2009) (application of confidentiality in 604(b)-type contexts)