Sec. 3. A person:
(1) seeking access to a patient's mental health record without the patient's written consent in an investigation or prosecution resulting from a report filed under IC 16-39-2-6(a)(10); or
(2) who has filed or is a party to a legal proceeding and who seeks access to a patient's mental health record without the patient's written consent;
may file a petition in a circuit or superior court requesting a release of the patient's mental health record.