Court of Appeals case challenges dismissal of Auditor Ball’s investigation tied to SB 151 kinship care law
FRANKFORT, Ky. (ABC36 NEWS NOW) — A legal dispute over Kentucky’s kinship care law is now before the Kentucky Court of Appeals, where State Auditor Allison Ball is asking judges to revive her investigation into why Senate Bill 151 is not being fully carried out.
According to court filings, Ball is appealing a Franklin Circuit Court ruling that dismissed her lawsuit as “unripe” and removed Gov. Andy Beshear from the case.
What the appeal argues
The appeal claims the Kentucky Cabinet for Health and Family Services refused to provide information requested as part of the auditor’s investigation into SB 151 — a law supporters say was designed to help kinship caregivers by giving them more time to decide how to take custody of children placed in their care.
The filing argues that information from CHFS is necessary to determine why the law has not been executed as intended and says the governor’s office is directly tied to those decisions.
Attorneys for the auditor contend the trial court should not have dismissed the case and that Gov. Beshear should remain a party because CHFS operates under his administration.
Background on SB 151
SB 151, passed during the 2024 legislative session, expanded the window for kinship caregivers to make critical custody decisions — increasing the timeline from about 10 working days to 120 days.
Supporters of the law argue the change allows families more time to understand the long-term financial and legal impacts of their choices. The appeal claims caregivers are being denied that extended window because the law has not been fully implemented.
The filing also references a letter from the governor indicating concerns about funding and execution of certain laws, which the auditor’s office says is central to the dispute.
What the Court of Appeals could decide
In the appeal, Ball’s attorneys are asking the Court of Appeals to reverse the lower court’s dismissal and send the case back to Franklin Circuit Court for further proceedings. The filing also suggests mediation could help resolve the dispute more quickly.
Because the arguments come from a legal filing, they represent the position of the auditor’s office. The governor’s office and CHFS have not issued a new response within the context of this appeal.
ABC36 NEWS NOW has reached out to state officials for comment.
