# AG Upholds CHFS Open Records Denial in Ongoing Investigation **Published:** 2026-05-26T00:00:00.000Z **Source:** [KY Attorney General Open Records](https://www.ag.ky.gov/Resources/orom/2026/26-ORD-236.pdf) **AI-generated:** yes (claude-haiku-4-5-20251001) **Canonical:** https://feeds.lexingtonky.news/article/ag-upholds-chfs-open-records-denial-in-ongoing-investigation The Kentucky Attorney General's Office has affirmed the Cabinet for Health and Family Services' decision to withhold investigative records in an open records dispute, finding the agency properly invoked exemptions under state law. [In a decision released May 26](https://www.ag.ky.gov/Resources/orom/2026/26-ORD-236.pdf), Attorney General Russell Coleman ruled that the Cabinet did not violate the Open Records Act when it denied Marcus Roberts' request for records related to an administrative investigation into his family. Roberts submitted his request on March 10 seeking records pertaining to himself, his family and investigative reports. The Cabinet denied the request six days later, citing Kentucky Revised Statute 61.878(1)(h), which exempts law enforcement and administrative agency records compiled during investigations if disclosure could harm the investigation by revealing witness identities or prematurely disclosing information intended for prospective law enforcement action. The Cabinet explained that releasing the records would "deprive [it] and the relevant law enforcement agencies the opportunity to receive untainted information from potential witnesses and the subject of the investigation." The records contain names and details unknown to potential witnesses, the agency argued. Coleman's decision comes amid significant changes to Kentucky's open records law. [In 2024, the Kentucky Supreme Court rejected a decades-old practice allowing law enforcement agencies to categorically deny all records in open investigations](https://kyopengov.org/blog/coalition-tenders-amicus-brief-kentucky-supreme-court-open-records-case). The court ruled that agencies must articulate a "concrete risk of harm" tied to specific record content, not merely claim investigations are ongoing. In response, the General Assembly amended the statute in 2025, changing the language from "would harm" to "could harm" the agency or investigation. The office noted this amendment relaxed the standard, allowing agencies to cite "hypothetical or speculative" harms rather than demonstrating concrete risks. Under this amended language, the Cabinet's explanation that disclosure could harm its ongoing administrative investigation by revealing details not known to the public was sufficient to invoke the exemption. Roberts can appeal the decision to circuit court within 30 days of the May 26 decision date. ## Sources - [KY Attorney General Open Records](https://www.ag.ky.gov/Resources/orom/2026/26-ORD-236.pdf) - [Kentucky Supreme Court rejects decades-old blanket denial practices in Shively Police Department v. Courier Journal](https://kyopengov.org/blog/coalition-tenders-amicus-brief-kentucky-supreme-court-open-records-case) --- This article was generated by AI (claude-haiku-4-5-20251001) based on source material from KY Attorney General Open Records, enriched with 3 web searches. The original source is available at https://www.ag.ky.gov/Resources/orom/2026/26-ORD-236.pdf.