Our attorneys assist a variety of professionals such as mental health providers (social workers, counselors, psychologists, psychiatrists), mental health agencies, teachers, paraprofessionals, professors, BCBAs, school psychologists, speech and language pathologists, occupational therapists, and many other professionals in a variety of ways specific to their respective businesses. These include the areas of filing or defending grievance complaints and Title IX investigations in their workplace, mandated reporting obligations and assisting in pending DCFS investigations and appeals.

We bring more than three decades of dedicated experience in federal and Illinois mental health laws, allowing us to navigate even the most complex and evolving legal challenges in this field. As regulations, standards of care, and compliance requirements continue to shift, we stay at the forefront of these changes so that our clients do not have to do so. Our team provides timely legal updates, practical guidance, and strategic insight tailored to the unique needs of mental health professionals and organizations.

In addition to advising on legal developments, we work closely with our practitioner clients to draft, review and refine their forms, policies, and procedures to ensure they remain compliant and effective. We also offer customized staff training designed to reduce risk and improve understanding of legal obligations in day-to-day operations. Our support extends to managing third-party requests for information, responding to subpoenas, ensuring confidentiality is maintained in accord with federal and Illinois laws, addressing professional responsibility, and handling sensitive documentation with care and precision. Whether you need ongoing counsel or assistance with a specific issue, we are committed to being a reliable legal partner. Contact us to discuss how we can support you or your organization’s goals and compliance needs. Hansen & Cleary represents professionals throughout the Chicagoland area, including Lake County, McHenry County, Cook County, DuPage County, Will County, Kane County, Kendall County, and throughout the State of Illinois.

  • Mental Health, Confidentiality and Subpoena Issues – Determination of compliant subpoenas pursuant to the Illinois Mental Health and Developmental Disabilities Confidentiality Act and Health Insurance Portability and Accountability Act, drafting practitioners’ forms and policies, releases of information, third party requests for information or records
  • IDFPR Matters – Illinois Department of Financial and Professional Regulation complaints, investigations, informal meetings
  • Employment Matters – Grievances, Title IX investigations, employee investigations, bullying complaints, contract reviews
  • DCFS – Illinois Department of Children and Family Services investigations regarding allegations of abuse or neglect of staff or clients; mandated reporting obligations pursuant to the Abused and Neglected Child Reporting Act (ANCRA); requests from DCFS to conduct interviews
  • Voluntary/Involuntary Commitments pursuant to the Illinois Mental Health and Developmental Disabilities Code for minors and adults
  • School Advocacy – Preparation for requests to attend meetings or write letters in support of Section 504 and IEP eligibility and meetings, preparation for testimony at depositions, hearings or other administrative litigation
  • Civil and Criminal Litigation – Preparation for letter writing or testimony at civil or criminal litigation; obtaining Orders of Protection or Stalking No Contact Orders
  • In-service Training – Staff training in the areas of federal and Illinois mental health laws, confidentiality, mandated reporting, boundary-setting
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Some of the many legal questions we can help you with:

At Hansen & Cleary LLC, we assist mental health practitioners by staying current with evolving federal and state laws, regulations, and professional standards that affect their practices. We monitor developments in areas such as HIPAA, the Illinois Mental Health and Developmental Disabilities Confidentiality Act, the Illinois Mental Health and Developmental Disabilities Code, telehealth requirements, informed consent, recordkeeping, and privacy obligations. When legal or regulatory changes occur, we notify our clients and assist them with reviewing and updating their forms, policies, procedures, and compliance practices to help ensure that their documentation and operations remain current, legally compliant, and aligned with best practices.

Illinois mental health practitioners should address mandated reporting obligations pursuant to ANCRA in their informed consent as well as their other forms, policies, and procedures. Because the specific requirements and immunity provisions vary by state and profession, practitioners should ensure that their informed consent and confidentiality language accurately reflect current Illinois law and their particular licensure.

Pursuant to the Illinois Mental Health and Developmental Disabilities Confidentiality Act (IMHDDCA), confidential mental health information includes any information acquired, created, or maintained in the course of providing mental health and/or developmental disabilities services to an individual, as well as any information that identifies a person as having received mental health treatment. This broad protection extends to records such as intake forms, assessments, diagnoses, treatment plans, progress notes, communications between provider and client, billing information, and even the fact that an individual is a current or former client. As a result, Illinois mental health practitioners generally may not disclose confidential mental health information without the client’s written authorization unless a specific exception under the Confidentiality Act or another state or federal law permits or requires the disclosure.

Receiving a subpoena can be intimidating.  It does not automatically mean that you must disclose confidential mental health records or provide testimony. In Illinois, mental health records are protected by the Illinois Mental Health and Developmental Disabilities Confidentiality Act, which imposes strict requirements for disclosure. Before responding, you should determine whether the subpoena has been properly issued and whether it complies with the requisite provisions of the Confidentiality Act. We work with our mental health practitioner clients to ensure that any subpoena they receive is compliant with Illinois law, that the scope of the request is not broad or burdensome, and that all applicable notice requirements have been met. Because an improper disclosure may violate both state and federal privacy laws, practitioners should carefully evaluate any subpoena before responding and, when in doubt, consult legal counsel.

If a complaint has been filed with the Illinois Department of Financial and Professional Regulation (IDFPR) against you or another practitioner in your mental health practice, it is important to respond promptly and strategically. The resolution process may involve responding to investigative inquiries, producing records, participating in interviews, negotiating a settlement, or defending oneself against formal disciplinary charges. The appropriate course of action depends on the nature of the allegations, the available evidence, and the practitioner’s licensing history. Because statements made during an IDFPR investigation can significantly affect the outcome of the matter, practitioners should carefully evaluate their response and consider consulting experienced legal counsel to protect their license, reputation, and ability to continue practicing before responding meaninfully.

We welcome the opportunity to discuss the particulars of your circumstance and look forward to the opportunity to support your goals.

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