Ky.gov
Effective: 7/6/2026

G1.20 CPS Open Records Request and Disclosure of Information

Legal Authority

Introduction

​​Under state and federal law, individuals have the right to access agency records pertaining to them, except for records that have been sealed by the court.  However, the agency must comply with strict confidentiality laws and follow specific procedures for releasing records to ensure proper disclosure.  ​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​

Practice Guidance

  • Records associated with termination of parental rights and subsequent adoption are sealed by court order and may only be shared upon receipt of a court order from a court of competent jurisdiction;​
  • A court of competent jurisdiction may order disclosure of records to parties not expressly permitted by Kentucky Revised Statutes;
  • By law, the following individuals are permitted to view current case files at a local office with a staff member present: 
    • Attorneys representing the Office of the Commonwealth Attorney or Office of the County Attorney; 
    • Law enforcement officers assigned to the case; 
    • Guardians ad litem; 
    • Attorneys that are assigned to termination of parental rights (TPR) cases; 
    • Court-appointed special advocates (CASA); and 
    • Those with memorandums of understanding (MOU) or business associate agreements. 
  • The commonwealth attorneys, county attorneys, and law enforcement officials assigned to the respective cases may obtain unredacted copies of documents for ongoing investigations and active court cases. For all other situations, the initial referral source must be redacted unless a court order states otherwise; 
  • Original case files must not be removed from field offices for any reason, other than by directive of the director of the Division of Service Regions or Protection and Permanency; 
  • ​Staff may contact the custodian of records at 502-564-3834 with questions regarding which agencies have memoranda of understanding (MOUs) or business associate agreements with the Cabinet.
  • If a court order or subpoena is received that only requests the SSW to appear and does not ask the SSW to produce records, then the Records Management Section does not need to receive a copy of the court order or subpoena. 

Procedure

​​DPP, local and regional staff: 
  1. Display a copy of the notice outlining regulations governing the access and disclosure of public records of the Department for Community Based Services in a prominent location in every office to which the public has access; 
  2. Remain present while parties authorized by law to view records in the office are inspecting records, including:
    1. ​Attorneys representing the Office of the Commonwealth Attorney or the Office of the County Attorney; 
    2. Law enforcement officers assigned to the case;
    3. Guardians ad litem;
    4. Attorneys that are assigned to termination of parental rights  (TPR) cases;
    5. Court-appointed special advocates (CASA); and 
    6. Those with memorandums of understanding (MOU) or business associate agreements;
  3. Do not grant access to records in the local office to individuals other than those specifically authorized by law; ​
  4. Provide any other individuals requesting access to records with the CHFS-305 Authorization for Disclosure of Protected Health Information to facilitate the request; 
  5. Notify the requestor that a request for a client’s information must be completed by submitting the CHFS-305 Authorization for Disclosure of Protected Health Information to the following link:

    ​Cabinet for Health and Family Services Open Records Center​ 

  6. Provide the requestor assistance in completing the form if needed; 
  7. Advise the requestor that the Records Management Section will respond to their request; 
  8. Advise that a signed authorization to allow access and disclosure of the case record must also be included if the client is requesting someone other than themselves to review their case record; 
  9. Immediately email the request and any additional authorizations to the Records Management Section at CHFSDCBS.RMS@ky.gov​, if a local or regional office receives a written request for records; 
  10. Contact the Records Management Section to confirm receipt of the email after the request has been sent; 
  11. Do not generate any correspondence regarding open records requests, but defer to the Records Management Section to do so.;
  12. Immediately email a copy of a court order or subpoena, upon service or receipt, to the Records Management Section at CHFSDCBS.RMS@ky.gov​ if the court order or subpoena is requesting the worker to appear and is also requesting that records be produced;
  13. Immediately email a copy of the court order or subpoena to the Records Management Section at CHFSDCBS.RMS@ky.gov​, if the court order or subpoena is requesting records only; 
  14. Calls the Records Management Section at 502-564-3834 to verify that the email was received and to receive instructions from the custodian of records regarding the court order or subpoena to receive copies of documentation from case files.​​​; and
  15. Appears in court at the designated time if the court order or subpoena requests appearance by the staff. ​

Documents

Revisions