House committee approves panel to investigate child-abuse deaths; findings would be closed to public

An independent panel of experts would look into the deaths of abused and neglected children and then give recommendations to state officials for how to improve its child-protection system. That was the proposal that was approved unanimously Thursday by the House Health and Welfare Committee.

In House Bill 200, "the group's meetings would be closed to the public, and its documents would remain secret," reports Beth Musgrave for the Lexington Herald-Leader. Jon Fleishchaker, a lawyer for the Kentucky Press Association, said there was no reason why the business of the panel should be secret. "We are all for a statewide panel," he said, "but the public needs to be able to see what the recommendations are."

The bill would also outline what information the Cabinet for Health and Family Services would be responsible for releasing to the public when "abused children who have had previous contact with the cabinet die or are severely injured," Musgrave reports. The legislation would allow the cabinet to "keep the names of children who suffered serious, non-fatal injuries and information that would identify siblings in the home," Musgrave reports.

The Cabinet for Health and Family Services has been embroiled in a lawsuit with The Courier-Journal and the Lexington Herald-Leader, which sued the cabinet in order to seek documents pertaining to child abuse deaths or near-deaths. A Franklin Circuit Court judge has twice ruled that the cabinet turn over its files, but it has appealed. (Read more)

18 Kentucky children died from child abuse or neglect last year, down from 33 in 2009, but report is incomplete, critics say

A report by the the Cabinet for Health and Family Services shows 18 Kentucky children died from abuse or neglect in the past fiscal year, down from 33 the year before. Ten were part of families that had been involved with state social service officers, reports Deborah Yetter of The Courier-Journal.

The report is required by state law, but was a much shorter version than it has been in years past. This year's document was 15 pages long, compared to the 29-page report from last year and "provides limited information and omits much of the detail of past annual reports," Yetter writes.

Terry Brooks, executive director of Kentucky Youth Advocates, said the drop in deaths is good news, but called the scaled-down version of the report "a failure," saying it made it difficult to compare findings from past years. It was also three months late in being released.

"They are scrambling to get it out three months late," he said. "At a time when this issue needs some transparency and more visibility, they have given us the Reader's Digest version."

Lawmakers have scheduled a meeting Dec. 19 to talk to cabinet officials about the issue of child abuse deaths and to review the report, the latest sign the issue is starting to attract more attention. Earlier this week, Gov. Steve Beshear ordered the release of records of abuse in which children died, but the cabinet immediately filed a motion saying it needed more time.

In 2009, a federal government report found Kentucky had the highest rate of child abuse deaths with 41 deaths based on 2007 data — the most recent at the time — from the U.S. Department of Health and Human Services. In 2010, Kentucky dropped to 19th place with 22 deaths based on the 2008 data. The 2009 numbers shoed Kentucky ranked fourth. (Read more)

Abuse must be reported to officials in Ky., unlike scandalized Pa.

State law should prevent the child abuse scandal that has rocked Penn State from happening in Kentucky. (Associated Press photo: Penn State head coach Joe Paterno, assistant coach Mike McQueary and quarterback Mike McGloin.)

Unlike in Pennsylvania, where people are only required to report sexual abuse to a supervisor, in Kentucky suspected abuse must be reported to police, prosecutors or Child Protective Services. If a person fails to report it, that constitutes a crime, reports Andrew Wolfson of The Courier-Journal. "Telling your boss in Kentucky doesn't take you off the hook," said Terry Brooks, executive director of Kentucky Youth Advocates. "We don't let folks in Kentucky wash their hands of abuse."

Interest in the law has surfaced since a graduate assistant Paterno "saw former defensive coordinator Jerry Sandusky raping a boy in a shower in 2002 and told Paterno about it rather than alerting authorities," Wolfson reports. Paterno told his athletic director, but not police or other authorities. He was fired Nov. 9.

Advocates believe the Kentucky law "shows that we are all responsible," said Dan Fox, president of Family and Children's Place, a nonprofit counseling agency. Kentucky is one of 18 states with such a law. Those who fail to report abuse can be charged with a misdemeanor punishable up to 90 days in jail and a $250 fine, though prosecution is relatively rare. There were just 57 cases filed with the Administrative Office of the Courts since 2006. One case involved a Bed Bath & Beyond store, which was charged in 2008 after it didn't help a couple who had found a toddler locked in a hot van in the parking lot. The manager said getting involved was against store policy.

Kentucky had twice as many reported child-abuse cases as Pennsylvania 2009, though it has just one-third the number of children. That difference is believed to stem from the reporting laws of the two states, not because abuse or neglect is less common in Kentucky, Wolfson reports.