Are Marchman Act Records Confidential?

Marchman Act records—in fact, even the petition itself—are confidential, so somebody can’t go onto the Clerk of Court’s website and look up whether 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.

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