Charleston, W.Va. — A significant legal battle looms over West Virginia’s foster care system, a troubled network currently swamped due to a surge in the number of children needing care, coincidentally with the state’s ongoing drug crisis. The class-action lawsuit, initiated in 2019 by a group of concerned children’s advocates, is slated for trial on March 4, and aims to address a host of systemic issues, including alleged placements of children in unsafe homes and the overburdening of Child Protective Services (CPS) workers.
The lawsuit was brought forth by A Better Childhood, a New York-based nonprofit, along with Disability Rights West Virginia and several local attorneys. They contend that the foster care authorities in the state have failed to address the growing demand effectively, often to the detriment of the children they are sworn to protect.
Marcia Lowry, executive director of A Better Childhood, expressed ongoing concerns about the state’s ability to reform. “The state’s plans are just that—plans. There’s a significant gulf between their intentions and the current harsh realities faced by children in the foster care system,” Lowry stated.
The fallout from the lawsuit has been significant for the Department of Human Services (DoHS), which has already expended millions of dollars on legal fees, funds which department spokesperson Whitney Wetzel argued could have been directed towards aiding vulnerable children. In July, department leaders pushed for a summary judgment in the case, reassuring the court that enhancements, such as the hiring of additional CPS workers, had been implemented since the lawsuit’s filing.
However, the legal process has been complicated. The case was initially dismissed in 2021 by a U.S. district judge who ruled that child welfare cases should fall under state jurisdiction. However, this decision was overturned by an appeals court in 2022. Adding to the complexities, in 2023, U.S. District Judge Thomas E. Johnston stepped aside from overseeing the proceedings after ethical concerns were raised about his interactions with lawmakers and the former Department of Health and Human Resources concerning legislation potentially affecting the case.
The case’s ramifications upon state resources are a contentious issue, with over $6.3 million having been paid to the Washington, D.C. law firm of Brown and Peisch since 2020. Senate Finance Chairman Eric Tarr has expressed his concern over this expenditure, signifying his intention to scrutinize the decision-making behind these hefty legal fees.
According to Jim McKay, state coordinator for Prevent Child Abuse West Virginia, the extensive funds spent on the lawsuit could be better utilized. “Every dollar used to fuel this extensive litigation could instead be used to strengthen family support mechanisms within the state, such as home visiting programs and child care access, which directly help at-risk families and children,” McKay explained.
Despite DoHS’s assertion of marked improvements, critics like Lowry argue that delays in investigating reports of child abuse and neglect point to an ongoing crisis. Current statistics indicate some counties still do not meet required timeframes for checking on the welfare of children, suggesting lingering systemic challenges.
The department also noted a decrease in the reliance on residential treatment facilities, with the percentage of children in these settings dropping over the last decade. This change points to a broader shift towards keeping children in home-like environments wherever possible.
As the trial date approaches, all eyes will be on the outcomes of this critical lawsuit, with both sides preparing to present their arguments. The trial not only seeks amelioration of the foster care system but underscores a broader issue of accountability amid one of the state’s most profound crises.
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