Case Summary: DFS made a motion requesting the release of drug and alcohol treatment records for both Mother and Father. DFS argued that the treatment records are relevant to the inquiry of whether their past inability to make an adequate plan would continue and whether that reflects on future capacity to plan and care for the child. The child's Guardian ad Litem argued that the records were needed given the parents lack of honesty about the drug abuse. At the review hearing both parents objected to the release of the treatment records. Both parents, however, had no objection to the release of drug test results and program attendance records. The parents argued that the State does not need the treatment records in order to determine whether they still abusing drugs because they are willing to grant them access to drug screening results, attendance records and progress notes. The Court ruled that substance abuse treatment records are confidential as required by federal law unless the disclosure of them is permitted by an exception. 42 U.S.C §290dd-2(b)(2)(C) provides that after showing good cause for the disclosure, a Court of competent jurisdiction may grant the application and shall impose appropriate safeguards against unauthorized disclosure and determine which parts of the record are necessary. In assessing good cause, the Court shall weigh the public interest and the need for disclosure against the injury to the patient, to the physician-patient relationship and to the treatment services. The Court stated that in child protective proceedings, where the confidential information is necessary and material to establish an allegation of neglect or abuse, the best interest of the child may outweigh the interests of the patient. The Court then determined that the parents' cooperation (or lack thereof) in drug treatment was relevant to case. The Court ordered that the drug/urine test screen results, the attendance records and progress notes for both parents be released as well as any evaluations and recommendations and discharge summaries. However, the Court ordered that the counselors' notes be withheld because they may include confidential matters unrelated to the parenting of the child.

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