Records on social worker's allegations are public, opinion says

Records on social worker's allegations are public, opinion says
BY DEBORAH YETTER • DYETTER@COURIER-JOURNAL.COM • AUGUST 23, 2010

The Cabinet for Health and Family Services violated state open records law when it refused to release records related to a social worker’s allegations that child abuse and neglect cases were mishandled in her Northern Kentucky office, according to an opinion by the state Attorney General’s office.



The opinion, dated Friday, said The Courier-Journal is entitled to records involving a grievance filed by Kindra Kilgore, a former top social service official, related to an allegation that she was retaliated against for expressing those concerns.

The cabinet refused to provide the grievance, citing in part a concern about Kilgore’s privacy because it was part of her evaluation.

But that wasn’t a basis for withholding the documents, said the opinion, written by Assistant Attorney General Amye L. Bensenhaver.

“This is especially true in view of the critical role her employer plays in providing family preservation services and combating domestic violence and abuse, neglect and exploitation of adult and child victims,” the opinion said.

However, Bensenhaver found that the cabinet was entitled to withhold the evaluation of Kilgore’s supervisor, which the newspaper also had sought.

Cabinet officials declined to comment on the opinion Monday, saying they are reviewing it, spokeswoman Vikki Franklin said.

Attorney General’s opinions on open records cases have the force of law unless overturned on appeal to the state court system.

Jon Fleischaker, a lawyer for The Courier-Journal, said he was pleased with the opinion, which he added should increase public access to information about how the state manages cases of child abuse and neglect.

“I think it’s the right decision,’’ he said.

But Fleischaker said he was surprised that the opinion denied the newspaper access to the personnel evaluation of Kilgore’s supervisor, Lisa Prewitt, the top administrator for the state’s Northern Kentucky regional office.

“I think we’re entitled to both of them,’’ he said. The newspaper hasn’t decided whether to appeal the portion of the opinion related to Prewitt’s evaluation, he said.

http://www.courier-journal.com/article/20100823/NEWS01/308230081/1008/Records+on+social+worker+s+allegations+are+public++opinion+says