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Court battle in Kentucky over access to database tracking abuse cases

In Frankfort, Kentucky, State Auditor Allison Ball filed a lawsuit requesting court intervention to settle a disagreement regarding access to a database that monitors the state’s handling of abuse and neglect cases involving vulnerable citizens. The lawsuit aimed to restore a government watchdog’s access to the information, with Ball accusing Governor Andy Beshear’s administration of imposing “unworkable and unlawful constraints” hindering the watchdog’s ability to review the data.

The conflict arose after Kentucky’s GOP-led legislature transferred an ombudsman’s office to the auditor’s office from the Cabinet for Health and Family Services last month. The ombudsman’s responsibility includes overseeing complaints related to protective services for children and elderly individuals. Supporters of the move believe that relocating the ombudsman will ensure independent oversight of the cabinet, which manages programs for the well-being of Kentuckians.

Access to the database was previously granted to the ombudsman’s office before the transfer. The auditor’s lawsuit claims that the legislature’s intent was for all aspects of the office to move along with it. The lawsuit asserts that full and immediate access to the information is crucial for safeguarding the care of Kentucky’s most vulnerable individuals under the cabinet’s purview.

Both sides in the dispute have made efforts to resolve the issue, but differing interpretations of the law have prevented an agreement. The governor’s administration expressed willingness to support legislative changes to grant the auditor the access requested. However, they noted that current state law limits sharing such information with external officials.

In response, Auditor Ball stated that her office made every effort to restore access but faced resistance from the governor and cabinet officials imposing unjust constraints. The lawsuit emphasizes that without complete access to data on abuse and neglect cases, the ombudsman’s office cannot ensure thorough and accurate investigations to protect Kentucky’s most vulnerable residents.

Jonathan Grate, appointed as the ombudsman by Ball, joined her as a plaintiff in the lawsuit. The defendants include Governor Andy Beshear and Health and Family Services Secretary Eric Friedlander. The lawsuit, filed in Franklin County Circuit Court, calls for judicial intervention to address the obstruction to accessing critical information for safeguarding vulnerable citizens in Kentucky.

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