Opinion
Opinion By: Gregory D. Stumbo, Attorney General; Amye L. Bensenhaver, Assistant Attorney General
Open Records Decision
This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that Ramey-Estep Homes, Inc., is foreclosed from releasing "records or reports to Steven Farmer relative to the education, treatment, and placement of [N. F.] at Ramey-Estep by the Cabinet for Health and Family Services" by virtue of an Order entered by the Bracken Juvenile Court on March 24, 2005, and therefore cannot be said to have violated the Open Records Act in the disposition of what appears to be a request for an "e-mail response on 25 Jan 05 stating approximately that Ramey-Estep is intercepting and holding mail from [Mr. Farmer] to a child in [Ramey-Estep's] care," "the DCBS Order to [Ramey-Estep] which authorizes this procedure," and "the names of DCBS-designated persons entitled to receipt and possession of the child's mail." (Emphasis in original.) We find that 05-ORD-066, 05-ORD-083, and 05-ORD-084, copies of which are attached hereto and incorporated by reference, are dispositive of the issues in this appeal. As noted in 05-ORD-066, at page 4, Ramey-Estep "is required to adhere to the Bracken Juvenile Court Order in deference to the judicial process and the requested records cannot be released to Mr. Farmer unless and until the Order is lifted."
A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.
Steven FarmerP.O. Box 603Dyersburg, TN 38025
Jay JohnsonRecords CustodianRamey-Estep Homes, Inc.P.O. Box 39Rush, KY 41168-0039
Leigh Gross LatherowVan Antwerp, Monge, Jones & Edwards, LLP1544 Winchester Avenue, 5th FloorAshland, KY 41101