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Circuit Judge Sweeney orders DoHS officials to work as CPS

(Capitol Notes - Graphic Illustration/MetroCreative)

CHARLESTON — Citing ongoing issues with vacancies within Child Protective Services, a circuit court judge in West Virginia is ordering officials with the state Department of Human Services to report to work in his four-county circuit and serve as CPS workers.

In an order issued Monday, Third Circuit Court Judge Timothy Sweeney appointed several DoHS and Bureau of Social Services officials to report to the Ritchie County Courthouse on Thursday, Feb. 20, and receive assignments as CPS workers.

“…It has come to the attention of the Court that the Department of Human Services, former Region 1, currently comprising the counties of Doddridge, Lewis, Pleasants, Ritchie, and Upshur is severely understaffed,” Sweeney wrote. “…Said understaffing is an immediate and critical threat to at-risk children, the most vulnerable residents of this Circuit and state…Cases involving juveniles are the highest priority for the judiciary in the State of West Virginia.”

Officials ordered to appear are new DoHS Cabinet Secretary Alex Mayer, Interim Deputy Commissioner of Field Operations Laurea Ellis, Special Consultant to the Secretary Kim Ricketts, General Counsel Chanin Krivonyak, and Deputy Commissioner of Policy and Programs Lorie Bragg Lawrence. A request for comment sent to a spokesperson for DoHS was not returned.

Speaking by phone Tuesday afternoon, Sweeney said the order was meant to get the attention of DoHS, citing increased caseloads for the few CPS workers serving the counties in his judicial circuit.

“I think the bus stops with me,” Sweeney said. “I think somebody needs to stand up for the public, particularly the most vulnerable members of our community – the children. From a legal point of view, abuse and neglect cases are of the highest priority, and they should be, in my opinion, for the department and the government in Charleston as well.

“This just needs to be addressed and I couldn’t think of any other way to do it other than to enter this order to try to get the attention of these folks to take a look at these issues,” Sweeney continued.

According to the Child Welfare Dashboard maintained by DoHS, there are eight personnel assigned to the district that includes Doddridge, Pleasants, and Ritchie counties, with five CPS workers and one CPS senior worker, one CPS coordinator, and one Social Service Worker Class 3-Youth Services position. But there are no CPS supervisors employed in the three-county region. Two other CPS worker positions remain vacant, as does one social service worker class 3-Youth Services position as of the end of December.

In Lewis and Upshur counties, there are seven personnel between CPS, Social Services, and Youth Services, but there is only one CPS worker for both counties and five vacancies in the CPS Worker category.

Sweeney cited State Code 49-2-102, requiring the commissioner of the Bureau of Social Services as of July 1, 2024, to allocate and assign CPS workers by county based on population, the number of case referrals, and average case load. The law was last updated by Senate Bill 273 in 2023.

“They just haven’t been any help with these local people and what you’re getting is case managers and supervisors that are required to perform the boots-on-the-ground investigations and removals as a matter of necessity to protect the children, and they’re doing that at the expense of their administrative duties and that negatively effects case management.”

The Bureau for Social Services and CPS has been struggling with worker shortages for many years, with one former commissioner in 2021 saying CPS was at the “breaking point.” As of December, 83% of CPS worker positions were filled according to the DoHS Child Welfare Dashboard.

But DoHS recently touted improved CPS vacancy numbers, reducing the CPS vacancy rate from 31% in January 2023 to 16% as of the end of December, with the Youth Services vacancy rate from 31% in January 2023 to 6% in December. The Bureau for Social Services also implemented a new job classification system and compensation program in order to recruit and retain CPS workers.

Gov. Patrick Morrisey announced the appointment of Mayer, the chief of Children and Family Services for the South Dakota Department of Social Services, as his DoHS secretary at the beginning of January prior to being inaugurated as the state’s 37th governor. A U.S. Army veteran, Mayer has more than 12 years working in the fields of health and human services.

Mayer’s experience includes child welfare and economic assistance programs, such as Supplemental Nutrition Assistance Program (SNAP) and Temporary Assistance for Needy Families (TANF), and Child Support. He officially joined Morrisey’s cabinet this week.

“I am honored to join the West Virginia Department of Human Services and contribute to the continued success of this vital agency,” Mayer said in a statement released Monday. “I look forward to working alongside dedicated professionals to improve the well-being of West Virginians, with a special focus on supporting our most vulnerable populations.”

A 2019 case over the state’s stressed foster care system remains pending after a federal judge delayed the trial from March to May as the new Morrisey administration takes over the defense from the outgoing Justice administration. According to the DoHS Child Welfare Dashboard, there were 6,080 children in state custody at the end of December.

According to a legislative report by DoHS, of the 38,811 child welfare complaints received between July 2023 and June 2024, approximately 23,985 of those complaints were accepted, or 64% of all complaints received. Of those complaints accepted, 78% involved face-to-face interactions with the alleged victims as required by law – an improvement from 60% in 2023 and 50% in 2019.

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