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Docket No. 89985-Agenda 26-March 2001.

MARSHA NORSKOG, Indiv. and as Adm'r of 
the Estate ofHillary Norskog, Appellant, v. ROGER PFIEL et al., Appellees.

Opinion filed July 26, 2001.

JUSTICE McMORROW delivered the opinion of the court:

On April 30, 1999, the circuit court of Cook County issuedcontempt citations against Roger and Gayle Pfiel (the Pfiels) andtheir son, Steven Pfiel (Steven) (collectively, the defendants), forrefusing to comply with discovery orders directing them to identifymental health services providers seen by Steven and to discloseinformation regarding Steven's diagnosis and treatment.Defendants appealed and the appellate court reversed the orders ofcontempt (314 Ill. App. 3d 877), finding that the trial court erredwhen it compelled the disclosure of this information, which wasprivileged pursuant to the Mental Health and DevelopmentalDisabilities Confidentiality Act (the Mental Health Act) (740 ILCS110/1 et seq. (West 1998)). Plaintiff, Marsha Norskog, petitionedthis court for leave to appeal and the petition was granted. 177 Ill.2d R. 315(a).

We allowed amicus briefs in support of the defendants to befiled by the Mental Health Association in Illinois and, collectively,by Brazelton Center for Mental Health Law, Equip for Equality,Inc., the Illinois Psychological Association, the National Alliancefor the Mentally Ill-Illinois Chapter, the National Depressive andManic Depressive Association, and the National Mental HealthAssociation.

For reasons that follow, we now affirm the judgment of theappellate court.

BACKGROUND

On July 14, 1993, plaintiff's 13-year-old daughter, HillaryNorskog, was stabbed to death. Seventeen-year-old Steven, whohad been dating Hillary, was charged with her murder. Initially,Steven pleaded not guilty to the criminal charges and gave noticethat he would assert an insanity defense. The trial court appointeda psychiatrist, Dr. Markos, to examine Steven to determine hisfitness to stand trial.

On March 18, 1995, while Steven was free on bond, he killedhis brother and assaulted his sister. Thereafter, Steven entered intoa negotiated plea agreement. Steven pleaded guilty to the murdersof Hillary and his brother and was sentenced to life imprisonmentwithout the possibility of parole.

In July 1995, plaintiff, individually and as the administratorof Hillary's estate, filed a civil complaint against the defendants.The complaint was amended on June 26, 1996, to allege 12 counts.Some counts have been dismissed, but the remaining countsinclude wrongful-death and survival actions against Stevenalleging intentional assault and battery of Hillary,⁽¹⁾ wrongful-deathand survival actions against the Pfiels for negligent supervisionand negligent entrustment, an action against Steven for recklessinfliction of emotional distress with respect to plaintiff, and anaction against the Pfiels brought under the Family Expenses Act.See 750 ILCS 65/15 (West 2000).

In the negligent supervision counts, plaintiff alleges that thePfiels knew or should have known of their minor son's "antisocial,aggressive, hostile, and criminal behavior," but failed to properlysupervise and control him. The negligent entrustment counts arepremised on allegations that the Pfiels negligently entrustedSteven with dangerous instrumentalities, namely, a hunting knifewith a 5