Are Marchman Act records confidential?
Marchman Act records, and in fact, even the petition itself, is confidential, so somebody can’t go onto the Clerk of Courts website, and look up and see if a petition has been filed. The records that are kept by the substance abuse treatment provider are privileged under HIPAA. Unless the respondent wants to disclose that information, it stays and must remain confidential to the respondent and obviously the court.