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Governor Steve Beshear's Communications Office
Gov. Beshear Opens Records of Child Fatality Cases
Lawmakers urged to create independent panel to review cases, examine child protective laws
FRANKFORT, Ky.– Governor Steve Beshear today directed the Kentucky Cabinet for Health and Family Services (CHFS) to open the records of cases in which child abuse or neglect resulted in a child fatality or near fatality.
“The death of any child is one too many, which is why it’s imperative state government do all it can to protect our vulnerable children,” said Gov. Beshear. “We have reviewed our laws alongside the laws of all other states regarding information released in these terrible situations. Everyone’s ultimate goal is to protect children, and my directives today are part of a comprehensive plan to strengthen our system.”
The Governor offered a four-step plan that addresses public information related to child fatalities, as well as steps to better review actions and decisions by Cabinet officials and a call to legislators to solidify the recommendations in law.
Opening the records
Gov. Beshear directed CHFS to release all records contained in its reviews of child deaths and near deaths involving child abuse and neglect, with redactions of certain identifying information such as information regarding the identities of victims, people who call with tips about abuse, social security numbers and information required to be kept confidential by specific statutes.
“My decision to open these records will allow the review of that information to further the health and safety of our children, increase the accountability of the Cabinet and improve our operations and practices going forward,” Gov. Beshear said. “Transparency will be the rule.”
An internal review of the laws of all 50 states revealed that state practices vary greatly regarding the release of records in child fatalities and near fatalities.
Legislative action
Gov. Beshear called on the General Assembly to hold vigorous, broad hearings regarding the laws governing the state’s practices with these records, and to enact laws that provide clearer guidance on the release of certain information.
Kentucky is a “permissive” state, meaning that current law says that certain unspecified information may be revealed in the event of a child fatality or near fatality, but is not required to be. However, 32 states require mandatory release of certain records or information in such cases. Gov. Beshear will propose legislation to make the release of certain information mandatory.
“The current Kentucky laws are broad and unclear, and the Cabinet has worked very hard to stay within the bounds of those rules,” Gov. Beshear said. “But the time has come for the legislature to clarify what information should be public and what information needs to remain confidential for the safety of the child.”
Independent review panel
For the third time, the Governor is proposing legislation to create an independent review panel to look at child fatalities and near-fatalities where child abuse and/or neglect are alleged. Gov. Beshear has proposed similar legislation twice before, but those proposals did not survive the legislative process.
The panel would be appointed by the state Attorney General’s office and include professionals, such as doctors, social workers, pediatricians, forensic experts and law enforcement. The panel would review all cases in which the Cabinet has been involved or conducted an investigation.
The findings and recommendations from this panel will increase accountability of the Cabinet, law enforcement, and others who come in contact with abuse and neglect situations. More than any other step, this will help to improve our system of child protection. We must learn from the unfortunate situations to help prevent future incidents if possible.
Comprehensive review of practices
At Gov. Beshear’s direction, the Cabinet has begun and will continue a comprehensive review of all practices, procedures, policies and laws related to child protection to look for further opportunities to improve the system.
The Governor voiced his strong support for the work of the Cabinet and the state’s social workers, and noted that the Cabinet is one of only seven states to receive accreditation from the Council on Accreditation, a national, independent, non-profit service focused on best practices for protective services.
“Our social workers provide a tremendous service to our state. They see our families at their worst, and they do their best to protect children’s safety and wellbeing,” Gov. Beshear said. “Their work is invaluable. If there are steps we can take to help social workers perform their duties and better protect our children, we must take them. We must make sure our child protective system makes good decisions for our families.”
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Summary of Fatality Disclosure Statutes (PDF)
Listen to Gov. Beshear's statement (MP3)
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