One of those exceptions is where the recipient of the mental health services introduces his mental condition as a element of his claim or defense in a civil or criminal proceeding. Thus, the exception did not apply, and neither Steven nor his parents could be forced to reveal the mental health information. This case demonstrates that the courts will continue to narrowly construe any exception to the confidentiality of mental health records, even where the recipient of the services has raised his mental condition in a related proceeding, and even in a case which has particularly disturbing facts. Take the typical product liability case in which most U.S. states, including Illinois, allow for suit to be brought against a product distributor. The distributor stands in the shoes of the manufacturer unless the manufacturer can be brought into the case.
Illinois law permits the distributor of a product to certify the identity of the manufacturer.
If the manufacturer is then successfully sued by the Plaintiff, the distributor is usually dismissed from the case. Oftentimes, the manufacturer is a non-U.S. company which is subject to in personam jurisdiction in Illinois and many times such companies have insurance coverage applicable to claims in the United States. In such cases, the practical question of how to effect service of process upon a foreign defendant or third party defendant arises. The United States State Department web site is a good place to start for information and guidance. Many countries are signatories to the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, commonly known as the Hague Convention on Service Abroad, which establishes generally uniform procedures on service of process abroad.