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

The majority today holds that the Council on Developmental Disabilities, Inc. (the “Council”) is not exempt fi-om the Kentucky Adult Protection Act (“KAPA”) confidentiality provision as enumerated in Kentucky Revised Statute (“KRS”) 209.140. In formulating this conclusion, the majority finds that the Council is not a “social service agency” and has no “legitimate interest” in obtaining the requested records. For the following reasons, I respectfully dissent..

The Kentucky Open Records Act (“KORA”), KRS 61.871 et seq., provides that “[a]ll public records shall be open for inspection by any…