Opinion
Opinion By: Jack Conway, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the Kentucky Correctional Psychiatric Center violated the Kentucky Open Records Act in denying Stephen Washington's June 20, 2011, request for "[o]ne complete copy of my medical/mental health records currently held at your institution for Stephen D. Washington." In a timely written response, Sharon W. Proctor, Director, Health Information Management, advised Mr. Washington that "[p]re-trial patients are evaluated as a direct result of court order. These evaluations determine competency to stand trial or treatment that will enable the patient to be brought to competency to stand trial. The court order specifies the distribution of information gathered during this process." Relying upon KRS 61.878(1)(l), KRS 26A.200, and KRS 61.870(2), as well as prior decisions of this office, including 99-ORD-109, 04-ORD-021, and 08-ORD-067, Ms. Proctor denied Mr. Washington's request, advising that KCPC "[i]nformation cannot be released to anyone other than persons specifically mentioned in the court order," a copy of which Ms. Proctor attached to her written response. The authorities relied upon by KCPC validate the proposition that Mr. Washington's competency evaluation, as a record created at the direction of the court, distribution of which has been restricted by court order, remains under the exclusive jurisdiction of the court 1 and is therefore exempt from disclosure. 2
The Attorney General has dealt with precisely this issue on multiple occasions and has followed the reasoning contained in the response provided on behalf of KCPC here; accordingly, this office finds the reasoning contained in 04-ORD-021 and 08-ORD-067 controlling on the facts presented. A copy of each decision is attached hereto and incorporated by reference. This holding may create a hardship for Mr. Washington, but his recourse lies in the courts instead of the Office of the Attorney General. Accord, 09-ORD-102.
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.
Distributed to:
Stephen D. Washington, # 234191Sharon W. ProctorJon R. Klein
Footnotes
Footnotes
1 KRS 26A.200 provides:
All records, as defined in KRS 171.410(1), which are made by or generated for or received by any agency of the Court of Justice, or by any other court or agency or officer responsible to such court created under the present Constitution, or a former Constitution, whether pursuant to statute, regulation, court rule, or local ordinance shall be the property of the Court of Justice and are subject to the control of the Supreme Court.
2 Assistant Counsel Jon R. Klein, Cabinet for Health and Family Services, adopted Ms. Proctor's response as the basis of his response to Mr. Washington's appeal.