Kentucky lawmakers hear about efforts to resolve dispute over access to abuse, neglect records

Kentucky Auditor Allison Ball, center, updated lawmakers on efforts to ensure the ombudsman, part of her office since July 1, obtains access to a computer system that stores records of child and elder abuse cases. Ombudsman Jonathan Grate is at left and Alexander Magera, general counsel in the auditor's office, is at right. (Kentucky Lantern photo by Sarah Ladd)

FRANKFORT — Kentucky’s Cabinet for Health and Family Services and the state auditor’s office said Tuesday they are open to entering a memorandum of understanding to ensure the office of the ombudsman has the access it needs to a computer system that stores information about abuse and neglect cases.

The two parties are still hashing out the language of such an agreement, though.

This comes after some back-and-forth between the cabinet and state Auditor Allison Ball, whose office now oversees the ombudsman. That move happened on July 1 thanks to a new law enacted last  year by the legislature — Senate Bill 48 — that moved the office from the cabinet to the Auditor of Public Accounts.

Welcome move to boost child protection in Kentucky trips over conflicting views of the law

The ombudsman, whose job it is to investigate and resolve complaints about cabinet agencies including protective services for children and elderly Kentuckians,, can’t do that job without access to iTWIST, (the Workers Information System), Ball testified before the Interim Joint Committee on Families and Children.

“I don’t think that there’s any issue about, any disagreement about, whether or not … we need the access,” she said. “It’s totally clear, we need the access. But right now, we’re being prevented from the access.”

The database includes suspected child or elderly abuse and neglect case reports, investigations and findings records and other medically sensitive information.

The cabinet believes access to the computer system iTWIST is limited by state law to cabinet social service officials under Kentucky Revised Statute 620.050 , with some exceptions for certain parties within the cabinet, law enforcement and prosecutors, outside medical or social service officials and the parent or guardian of the child in question, the Lantern has reported.

The state auditor’s office believes the ombudsman is covered under that statute.

Eric Friedlander, Cabinet for Health and Family Services secretary, said SB 48, which reorganized several government operations, “was a big bill” and that all of its provisions have been carried with resoling access to the database being the only remaining stumbing block.

“Everything has been done and completed — we have one issue,” he said. “And this is where we have a disagreement, but we will continue to try to work through it.”

No need to further victimize children through legislative ineptitude or gubernatorial stubbornness

The auditor wants to make sure no language in a memorandum of understanding limits her access to the court system should she need it, she said.

“We’re not trying to shut off their avenue to any court,” said Wesley Duke, the cabinet’s general counsel.

Meanwhile, Ball said confidentiality is important to her and the new ombudsman, Jonathan Grate.

“Of course, we’re going to comply with the law. Of course, we’re going to keep confidentiality,” Ball said. “Our goal is making sure the public is served, vulnerable communities are served, children are served, the elderly who are in positions of being possibly abused, these people are protected. So that is our goal. I believe them when they say that they want to do that, too.”

Several lawmakers said they will pass legislation in 2025 to clarify the ombudsman should have access to the iTWIST system.

Meanwhile, Ball said, complaints from the public continue to pour in.

“It needs to be resolved very, very quickly,” she said. “We’ve had almost a month providing almost no services to these people who are being impacted by this.”