Kentucky Statutes 209.140 – Confidentiality of information
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All information obtained by the department staff or its delegated representative, as a result of an investigation made pursuant to this chapter, shall not be divulged to anyone except:
(1) Persons suspected of abuse or neglect or exploitation, provided that in such cases names of informants may be withheld, unless ordered by the court;
(2) Persons within the department or cabinet with a legitimate interest or responsibility related to the case;
(3) Other medical, psychological, or social service agencies, or law enforcement agencies that have a legitimate interest in the case;
(4) Cases where a court orders release of such information; and
(5) The alleged abused or neglected or exploited person.
Effective: July 15, 1980
History: Created 1980 Ky. Acts ch. 372, sec. 10, effective July 15, 1980.
Legislative Research Commission Note (11/9/93). Prior references to the “bureau” and the “department” in this statute were changed to “department” and “cabinet” pursuant to 1982 Ky. Acts ch. 393, sec. 50(5), and KRS § 7.136(2).
(1) Persons suspected of abuse or neglect or exploitation, provided that in such cases names of informants may be withheld, unless ordered by the court;
Terms Used In Kentucky Statutes 209.140
- Abuse: means the infliction of injury, sexual abuse, unreasonable confinement, intimidation, or punishment that results in physical pain or injury, including mental injury. See Kentucky Statutes 209.020
- Cabinet: means the Cabinet for Health and Family Services. See Kentucky Statutes 209.020
- Court: means the Circuit Court or the District Court if no judge of that Circuit
Court is present in the county. See Kentucky Statutes 209.020 - Department: means the Department for Community Based Services of the Cabinet for Health and Family Services. See Kentucky Statutes 209.020
- Exploitation: means obtaining or using another person's resources, including but not limited to funds, assets, or property, by deception, intimidation, or similar means, with the intent to deprive the person of those resources. See Kentucky Statutes 209.020
- Investigation: shall include but is not limited to:
(a) A personal interview with the individual reported to be abused, neglected, or exploited. See Kentucky Statutes 209.020 - Neglect: means a situation in which an adult is unable to perform or obtain for himself or herself the goods or services that are necessary to maintain his or her health or welfare, or the deprivation of services by a caretaker that are necessary to maintain the health and welfare of an adult. See Kentucky Statutes 209.020
- Statute: A law passed by a legislature.
(2) Persons within the department or cabinet with a legitimate interest or responsibility related to the case;
(3) Other medical, psychological, or social service agencies, or law enforcement agencies that have a legitimate interest in the case;
(4) Cases where a court orders release of such information; and
(5) The alleged abused or neglected or exploited person.
Effective: July 15, 1980
History: Created 1980 Ky. Acts ch. 372, sec. 10, effective July 15, 1980.
Legislative Research Commission Note (11/9/93). Prior references to the “bureau” and the “department” in this statute were changed to “department” and “cabinet” pursuant to 1982 Ky. Acts ch. 393, sec. 50(5), and KRS § 7.136(2).