A Frankfort judge has dismissed a lawsuit by State Auditor Allison Ball against the
Kentucky Cabinet for Health and Family Services.
The case stems from 2024 legislation, Senate Bill 151, on kinship caregivers.
The law provides financial support and removes barriers for relatives and close family friends who take in children who would otherwise be in foster care.
The state auditor’s office launched an investigation last year into the law's lack of implementation. Auditor Ball then filed a lawsuit in May 2025 claiming Gov. Beshear’s administration failed to cooperate with her investigation and properly carry out the law.
Beshear has argued the law can't be fully enacted because the General Assembly hasn’t appropriated the funding.
Franklin Circuit Court Judge Thomas Wingate dismissed the lawsuit on Monday, ruling that Ball lacked standing to bring the case and that the Cabinet for Health and Family Services had complied with her requests. The ruling also affirmed the lack of state funding as a barrier to full implementation.
“My administration has always prioritized the safety and wellbeing of Kentucky’s children, and we’re committed to working with any office to see that goal through,” Gov. Beshear said in a news release. "Implementing Senate Bill 151 requires more funding, yet the General Assembly failed to do so in both the 2024 and 2025 legislative sessions. It’s disappointing the auditor would file a taxpayer-funded lawsuit without attempting to speak with the administration about the issues of implementing Senate Bill 151 first.”
Beshear said he plans to include the necessary funding in his next budget proposal. Ball said her next step will be subpoenas of people and documents she claims have been withheld.
“While the Governor continues to ignore the needs of kinship caregivers, I remain committed to fighting to ensure these families get the resources they rightfully deserve following the General Assembly’s passage of Senate Bill 151,” Ball said in news release. "These subpoenas will reveal the truth about the actual cost and all available resources to fund this program."
Prior to dismissing the Cabinet for Health and Family Services on Sept. 15, the judge dismissed the governor from the lawsuit on Aug. 4.
