Request By:
Hon. James C. Amato
990 Cooper Drive
Lexington, Kentucky
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: David M. Whalin, Assistant Attorney General
You have requested an Opinion of the Attorney General whether the Commissioner of the Department of Social Services as authorized by Section 6.02 and described by Section 6.09 of the Charter of Lexington-Fayette Urban County Government must meet the requirements of KRS 335.
It is the Opinion of the Attorney General that the Commissioner of the Department of Social Services is not covered by the provisions of KRS 335.
The scope of duties of the Commissioner is that of the executive administration of a variety of divisions.
KRS 335.010(1) is designed to apply to certain restricted classes of people "who hold themselves out to the public as social workers." (Emphasis added.) This statute protects against the unlicensed charlatan.
The position of Commissioner of Social Services is not the practice of social work. Any contrary position is founded more in yearning than in law or logic.