Request By:
Ms. Peggy Wallace, Commissioner
Department for Social Services
Cabinetfor Human Resources
275 East Main Street
Frankfort, Kentucky 40621
Opinion
Opinion By: CHRIS GORMAN, ATTORNEY GENERAL; Amye B. Majors, Assistant Attorney General
Mr. Gerald Garrett has appealed to the Attorney General, pursuant to KRS 61.880 (2), your denial of his request to inspect records concerning his children, Chad and Chris Garrett. Mr. Garrett apparently filed a number of complaints with the Department in which he alleged that his former wife had abused their children.
You denied Mr. Garrett's request in a letter dated February 13, 1992, relying on KRS 61.878(1) (j) and KRS 620.050(4). You advised Mr. Garrett that KRS 620.050(4) prohibits the release of information obtained by the Department in the course of an investigation into an incident of alleged child abuse or neglect, except under certian enumerated circumstances, or to certain identified persons. Since Mr. Garrett is not the custodial parent of Chad and Chris Garrett, and the incidents of alleged abuse were not substantiated, he was not allowed to review the requested records.
Mr. Garrett asks that we review your denial of his request to determine if your response was consistent with the Open Records Act. For the reasons set forth below, we conclude that your action were proper.
OPINION OF THE ATTORNEY GENERAL
It is the opinion of the Attorney General that your denial of Mr. Garrett.s request was correct under the Open Records Act. KRS 61.878(1)(j) exempts from mandatory disclosure:
Public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by enactment of the general assembly.
KRS 620.050(4) insures the confidentiality of information gathered by the Cabinet fof Human Resources in cases of reported dependency, neglect, and abuse, and establishes certain circumstances under which, and classes of persons to whom, such information may be made available. It provides:
(4) All information obtained by the cabinet or its delegated representative, as a result of an investigation made pursuant to this section, shall not be divulged to anyone except:
(a) Persons suspected of causing dependency, neglect or abuse, provided that in such cases names of informants shall be withheld unless ordered by the court;
(b) The custodial parent or legal guardian of the child alleged to be dependent, neglected or abused;
(c) Persons within the cabinet with a legitimate interest or responsibility related to the case;
(d) Other medical, psychological, educational, or social service agencies, corrections personnel or law enforcement agencies, including the county attorney's office, that have a legitimate interest in the case;
(e) A noncustodial parent when the dependency, neglect or abuse is substantiated ; or
(f) Those persons so authorized by court order.
(Emphasis added.)
This statute clearly requires that the Cabinet for Human Resources and the Department for Social Services withhold from all persons information acquired as a result of an investigation conducted pursuant to KRS 620.050, unless the requesting party can demonstrate that he or she satisfies one of the requirements set forth in KRS 620.050(4)(a) through (f). Mr. Garrett has not demonstrated that he falls under any of the statutorily recognized classifications or that his particular situation warrants the release of the requested material. Although he is the noncustodial parent of Chad and Chris Garrett, the allegations of dependency, neglect, or abuse were not substantiated.
While there may be occasions when the unequivocal language of KRS 620.050(4) works an apparent injustice on a noncustodial parent, this Office has consistently held that both the Cabinet and the Department are strictly prohibited from releasing information gathered in an investigation, except as otherwise provided in that statute. OAG 87-82; OAG 88-4; OAG 91-93. Accordingly, it is our opinion that you properly denied Mr. Garrett's request.
It would appear that Mr. Garrett's chief concern stems from his belief that his complaints are not being thoroughly investigated. We urge him to contact Ms. Michelle Gore or Mr. Joel Griffith, Child Protective Specialists for the Department, at (502) 564-2136, to discuss these concerns.
As required by statute, a copy of this opinion will be sent to the requesting party, Mr. Gerald Garrett, who has the right to challenge it in the appropriate circuit court pursuant to KRS 61.880(5).