Letter to the Editor:

I want to commend the CJ for the November 9th editorial “Full Disclosure”. It described well the legal struggle facing the community in getting adequate protection and transparency for children in the foster care system.

Unfortunately there are others in the state who need the same protection and transparency: adults with developmental and intellectual disabilities, as well as elderly citizens. These people are being abused and dying in Kentucky with almost no transparency concerning what the Cabinet is doing to prevent or reduce such situations.

The Cabinet often fails to properly report on the deaths of people in its care. Too often, no or just cursory investigations are performed without any independent oversight or public scrutiny. The Council has repeatedly asked for records to help us better understand the circumstances of deaths (often unusual and untimely) of our most vulnerable citizens with disabilities. Each time we are met with a wall of silence.

As with foster care situations, the Cabinet is (mis)using client confidentiality as an Open Records Act shield to protect everyone but the client.

We urge Governor Beshear to take responsibility for assuring vulnerable Kentuckians that they will be protected from harm and assuring us as citizens that we can monitor whether our government is doing its job. Ideally, the governor will direct his Cabinet officials to end their culture of secrecy that Judge Shepherd has sharply criticized. The Governor can also support clarification of the Open Records Act to prevent similar misuse of confidentiality protections by government officials. The only thing he cannot do is ignore this life-threatening situation.

There are parents, consumers, and professionals from across the state who would gladly work with the Governor in beginning to resolve this critical situation. There are solutions, and Governor’s stated desire for transparency in government can be achieved within the Cabinet. It must begin now.

April DuVal, Executive Director
Council on Developmental Disabilities
1151 South Fourth Street
Louisville, KY 40203