Council on Dev. Disabilities, Inc. v. Cabinet for Health & Family Servs.

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When a mentally disabled man who had been in the care of the Cabinet for Health and Family Services died, the Council on Developmental Disabilities, Inc. filed a request with the Cabinet under the Kentucky Open Records Act seeking information about the man’s death. The Cabinet denied the Council’s request on the grounds that the records were confidential under Ky. Rev. Stat. 209.140 and that the Council, a nonprofit corporation that advocates generally for “children and adults with mental retardation and their families and other interested persons in the community,” did not qualify as an organization exempt from the confidentiality restrictions in that statute. The Council filed suit in circuit court seeking an order requiring the Cabinet to disclose the requested records. The trial court denied the request, concluding that the Council had failed to demonstrate that it had a legitimate interest in the records sought. The Supreme Court affirmed, holding that the Council was not entitled to the information requested under the Act or section 209.140(3). View "Council on Dev. Disabilities, Inc. v. Cabinet for Health & Family Servs." on Justia Law