A contempt proceeding is an appropriate method for testing the correctness of a discovery order. 306 Ill. App. Where an individual appeals a contempt judgment imposed for violating a discovery order, that discovery order is subject to review. Whether an individual has introduced his mental health as an element of his cause of action constitutes a question of law. Our review is de novo .
Communication includes information which indicates that a person is a recipient.
The Act makes confidential any communication made during or in connection with providing mental health or developmental disabilities services to a recipient and any record kept in the course of providing such services. Except as provided herein, in any civil, criminal, administrative, or legislative proceeding, or in any proceeding preliminary thereto, a recipient, and a therapist on behalf and in the interest of a recipient, has the privilege to refuse to disclose and to prevent the disclosure of the recipient's record or communications. Thus, before the circuit court can order disclosure, it must find that the recipient has introduced his mental condition as an element of his claim or defense. If he has, the court must conduct an in camera examination of the testimony or other evidence to determine if it is relevant, probative, and not unduly prejudicial. If he has not placed his mental health at issue, disclosure of the records or communications is not permitted.