CNHI
10-6-10 — A Franklin Circuit judge has ordered that the state pay the legal costs for two Kentucky newspapers that were denied public records of
a Wayne County toddler who died in May 2009 after drinking drain cleaner.
According to a ruling issued last week, Franklin Circuit Judge Phillip Shepherd ordered the state Cabinet for Health and Family
Services to pay $16,211 to The Louisville Courier-Journal and $4,520 to the Lexington Herald-Leader.
Both publications had to file lawsuits after they were denied the
records of toddler Kayden Daniels and his 15-year-old mother, who officials say were both under the supervision of the state foster care system.
Shepherd had previously ruled that the Cabinet violated open records law by refusing to release the information.
In last week's ruling, the judge criticized the Cabinet's failure to follow the law in a case in which "an innocent ward of the state lost
his life because of criminal conduct and neglect."
"The facts involving these serious issues would never come to light without the efforts of these newspapers to challenge the Cabinet's
willful and undeviating policy of shielding its conduct involving foster care from public scrutiny," according to Shepherd's opinion.
Shepherd stated that the law clearly permits the release of records in cases in which children are killed or severely injured from abuse or neglect.
According to an article published in the Friday, October 1 edition
of The Courier-Journal, the Cabinet has not released any information related to Kay-den's death. Wednesday's order is Shepherd's last in
the case. The Cabinet now has 30 days to appeal the rulings that it must release the records and pay the newspapers' legal costs.