Council on Developmental Disabilities, Inc. v. Cabinet for Health and Family Services

Summary

The Kentucky Supreme Court held that a private nonprofit advocacy organization was not entitled to confidential investigative records concerning the deaths of dependent adults under the social-service-agency exception to the Kentucky Adult Protection Act. Reading the confidentiality provision in the context of the entire statutory scheme, the Court concluded that the exception is limited to agencies directly involved in providing services to or addressing the specific case. The Court affirmed the denial of the Council's records request. Cunningham, J., dissenting, would have held that the Council qualified as a social service agency with a legitimate interest, while Abramson, J., concurred only in the result because she believed broader access required legislative action.