Kentucky Auditor sues Beshear over access to abuse, neglect cases

Kentucky Auditor Allison Ball filed a lawsuit Monday against Gov. Andy Beshear and other state officials over access to information of abuse and neglect cases in the commonwealth.

In the complaint, filed in Franklin Circuit Court, Ball and her co-plaintiff, Ombudsman Jonathan Grate , claim Grate’s office has not been given proper access to a detailed case database, known as iTWIST, to investigate complaints against the Cabinet for Health and Family Services.

This lack of access, Ball and Grate allege, places vulnerable Kentucky residents and key federal funding at risk.

“We have tried everything in our power to reach an agreement with the Cabinet to restore iTWIST access,” Ball said in a news release . “But unfortunately, Governor Beshear and the Cabinet are more interested in placing unworkable and unlawful constraints on our access than helping the Commonwealth’s endangered children and adults.”

Eric Friedlander, the cabinet secretary, and Ruth Day, chief information officer of the state office of technology, are also listed as defendants in the complaint.

In a statement, Beshear spokesperson Crystal Staley said current law does not permit Grate’s office to have full access. She added the Beshear administration has tried to work with the state agencies and give the office “maximum access allowed under the current law.”

But Ball’s office, Staley alleges, has refused to cooperate.

“Today’s action shows the Auditor would rather play politics than work with the cabinet on a solution — one that meets the requirements set forth by the General Assembly,” Staley wrote.

Auditor spokesperson Joy Pidgorodetska Markland said Beshear’s office is the only one making the issue political.

“As outlined in our lawsuit today, our office has never changed our position,” Markland said. “The Auditor and Ombudsman want to help vulnerable Kentuckians across the Commonwealth and need iTWIST access in order to do so. This is not political; this is doing the job they were sworn to do.”

Markland went on to say the "Governor’s administration is obstructing access and has repeatedly changed positions throughout our negotiations. The closest we came to reaching an agreement was while he was auditioning to be Kamala Harris’ running mate.”

Ball’s office also argues Grate is "lawfully permitted" to fully access the iTWIST database.

The Commonwealth Office of the Ombudsman, which was created by lawmakers last year, is responsible for investigating complaints about any employee or program housed within the Cabinet for Health and Family Services. It replaced the Office of the Ombudsman and Administrative Review, which was under the cabinet, and shifted oversight to Ball’s office.

According to the complaint, the transition of Grate’s office was mostly smooth, and the cabinet never opposed the office’s full access to iTWIST “until late April, after the close of the General Assembly’s 2024 regular session.”

In July, Ball and Grate issued a joint letter to Friedlander and Beshear, demanding full iTWIST access.

While both sides acknowledge an attempt to reach a resolution amongst the entities, communication reportedly broke down.

Ball and Grate allege the ombudsman’s office is unable to do its job without access to the database, which houses all information pertaining to child and adult abuse, neglect and dependency cases in the state.

The complaint further alleges that a lack of collaboration between the state agencies for investigations places federal grant money, distributed to states for improving child protective services, at risk.

Staley said Beshear supports a change in the law that would allow Grate’s office to have full access to iTWIST, but that amendment would have to wait until the opening of the next legislative session.

The Cabinet for Health and Family Services did not immediately respond to a request for comment.

This story may be updated.

Reach reporter Rachel Smith at rksmith@courierjournal.com or @RachelSmithNews on X, formerly known as Twitter. Reach reporter Eleanor McCrary at EMcCrary@courier-journal.com or at @ellie_mccrary on X, formerly known as Twitter.

This article originally appeared on Louisville Courier Journal: Kentucky Auditor sues Beshear over access to abuse, neglect cases