Request By:
[NO REQUESTBY IN ORIGINAL]
Opinion
Opinion By: Albert B. Chandler III, Attorney General; Amye L. Bensenhaver, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the Cabinet for Families and Children, Department for Social Services, properly relied on KRS 61.878(1)(l) and KRS 620.050(4) in denying William C. Braden's request for case record material relating to his son. Mr. Braden is a noncustodial parent. It was he who submitted the complaint to the Department for Social Services which prompted its investigation. The Department determined that Mr. Braden's complaint of abuse and neglect was not substantiated. It is the Department's position that as noncustodial parent, he is not entitled to a copy of the record. We concur and affirm the Department's denial of Mr. Braden's request.
KRS 61.878(1)(l) excludes from the application of the Open Records Act:
Public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by enactment of the General Assembly.
This provision operates in tandem with KRS 620.050(4) to insure the confidentiality of information gathered by the Department in cases of reported dependency, neglect, and abuse. KRS 620.050(4) establishes certain circumstances under which, and classes of persons to whom, such information may be made available. The statute provides:
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, the coroner, and the local child fatality response team, that have a legitimate interest in the case;
e. A noncustodial parent when the dependency, neglect, or abuse is substantiated;
f. Members of multidisciplinaryteams as defined by KRS 620.020 and which operate pursuant to KRS 431.600; or
g. Those persons so authorized by court order.
(Emphasis added.)
Under the express terms of this statute, the Department for Social Services must withhold all information acquired as a result of an investigation conducted pursuant to KRS 620.050 unless the requester can demonstrate that he falls within one of the excepted categories codified at KRS 620.050(4)(a) through (g). Mr. Braden has not demonstrated that he falls within one of the statutorily recognized exceptions or that his particular situation warrants the release of the requested records. Although Mr. Braden is a noncustodial parent, the Department's investigation did not substantiate his complaint of neglect. Therefore, the requirements of KRS 620.050(4)(e) were not met, and Mr. Braden is not entitled to receive a copy of the Department's report.
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 recognized that the Department is strictly prohibited from releasing information gathered in its investigation except as otherwise provided in that statute. OAG 87-82; OAG 88-4; OAG 91-93; OAG 92-53. We therefore conclude that the Cabinet for Families and Children, Department for Social Services, properly denied Mr. Braden's open records request.
A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.