W&I §5328 — Confidentiality of Mental Health Information and Records
Type: California Welfare and Institutions Code
Summary
Foundational LPS-Act confidentiality statute. All information and records obtained in the course of providing mental health services to either voluntary or involuntary recipients of services are confidential. Disclosure is limited to enumerated exceptions, including (among others) court order, judicial proceedings, child welfare investigations, prevention of serious harm, and disclosures to district attorneys for commitment proceedings.
When to use
Operative authority for redaction protocol on any filings or document productions that touch Ella’s or Jack’s mental-health records (Aurora hospitalization, Mending Matters, Dr. Stevens, Rose Corzine). Pair with Evidence Code §§1014, 1016, 1024 for the privilege/exception framework, and with CRC 2.550–2.551 for the procedural framework when sealing or restricting public access. The full enumerated list of exceptions in W&I §5328 is long; consult the full text on leginfo before invoking any specific exception.
Section text (verbatim — operative confidentiality clause)
All information and records obtained in the course of providing services under Division 4 (commencing with Section 4000), Division 4.1 (commencing with Section 4400), Division 4.5 (commencing with Section 4500), Division 5 (commencing with Section 5000), Division 6 (commencing with Section 6000), or Division 7 (commencing with Section 7100), to either voluntary or involuntary recipients of services are confidential.
Scope / notes
- Numerous lettered exceptions follow the operative confidentiality clause. Confirm the exact subdivision language for any disclosure justification before relying on it.
- Pairs with Evid §1014–1016 (privilege/exception framework) for litigation-related disclosure analysis.
Linked exhibits
Transclude of Exhibits-by-Statute.base