Appeals Court Won't Release Records to Advocates

By: Associated Press
By: Associated Press

LOUISVILLE, Ky. (AP) — The Kentucky Court of Appeals has ruled the Council on Developmental Disabilities has no right to review the records of two disabled men who died in state care in 2009.

The men were wards of the state and had no family members involved in their care. Both died shortly after being moved to new homes.

Council Chief Executive Donovan Fornwalt told The Courier-Journal on Wednesday that he was concerned that the court seemed to think the Kentucky Cabinet for Health and Family Services should police itself.

The government argued the records are confidential. The council argued that there is an exception in the law for agencies that have "a legitimate interest in the case."

The appeals court ruled the council does not have such an interest. One member dissented.

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