Lawsuit: West Virginia Department of Health and Human Resources UPDATED

“When Gov. Jim Justice addressed the West Virginia Legislature in January, he underscored the urgent need for reform in the state’s foster care system, admitting the system ‘needs us to continue to step up.’ Despite this recognition, specific legislative actions to address the system’s deficiencies remain elusive. More than 6,000 children are currently in the state’s foster care, embroiled in a system that a class action lawsuit claims has subjected them to chronic neglect and abuse.

The lawsuit, filed by former foster children, paints a grim picture of the state’s foster care system, alleging that children have been placed in facilities known for physical and sexual abuse. Social workers are accused of ignoring complaints, with the lawsuit seeking judicial oversight and other reforms to protect children’s welfare. Among the proposed changes are mandatory medical screenings within three days of entering foster care and restrictions on placing very young children in group facilities.

Despite the lawsuit’s allegations, recent legislative efforts have not directly addressed these specific concerns. Bills under consideration include measures to prohibit cameras in foster children’s bedrooms and establish an information portal for foster parents, but they stop short of tackling the lawsuit’s core issues. Efforts to increase transparency and oversight, such as expanding the role of the Inspector General and the foster care ombudsman, are steps in the right direction, yet they fail to fully address the system’s failings.

he lawsuit and the state’s response underscore a critical juncture for West Virginia’s foster care system. With the highest rate of child removals in the country, the state faces significant challenges in overhauling a system burdened by addiction, mental health issues, and poverty. As lawmakers and officials grapple with these complexities, the ongoing legal battle and the voices of former foster children serve as a stark reminder of the urgent need for comprehensive reform.”

West Virginia Foster Care Crisis: Lawsuit Alleges Neglect, Abuse Amid Calls for Reform
[BNN 3/6/24 by Hadeel Hashem]

REFORM Puzzle Piece

Update: “A federal appeals court is giving new life to a lawsuit alleging that West Virginia’s foster care system has failed some of the state’s most vulnerable children.

The class-action case, filed by A Better Childhood, Disability Rights West Virginia and the law firm Shaffer & Shaffer, claims policies and practices of the state Department of Human Services violated the rights of children in foster care.

The case had been dismissed after U.S. District Judge Joseph Goodwin said he did not have jurisdiction to provide relief. But the 4th U.S. Circuit Court of Appeals ruled the case should continue in federal court.

Attorney Richard Walters, who represents foster children in the lawsuit, said the case involves longstanding problems in the system, including unsafe placements, repeated moves, inadequate services and a lack of support as children transition into adulthood.

“When they’re sending it back to Judge Goodwin with the message, you have an obligation to take care of this, so we feel pretty good about that obviously,” Walters said. “So when we say systematic, it’s from top to bottom. It really is. There’s just a lot of things that the DoHS is not doing that they’re required to do.”

The Department of Human Services declined to comment, citing pending litigation.

Walters said the plaintiffs are seeking accountability for children in state custody.

“We’re looking for somebody to be willing for DHR or DoHS to be held accountable to these children,” he said.

Advocates who work with foster youth said challenges often continue long after children enter the system.

“It’s hard to expect someone to turn 18 and overnight just have adulthood figured out, you know, in the best of circumstances, but especially without support,” Kyla Nichols, with FPC Hope Center, said.

Nichols said children in foster care need adults willing to speak up for them.

“Every child deserves someone to advocate for them and to stand up for them and to make sure that they have the resources that they need to be safe and to be healthy and to feel that they are in an environment where they can be successful and they can be themselves and that they can be heard,” she said. “Just because you’re a child doesn’t mean you shouldn’t have a voice.”

Walters said he hopes the case will lead to real change.

“We hope that we can bring this fruition and that we hope that we can get the relief that we’re seeking so we can start to see some actual substantive change to the system,” he said.”

Federal appeals court revives lawsuit over W.Va. foster care system failures
[WCHSTV 6/9/26 by Bailee Tucker]