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Child Abuse: More than harsh penalties is needed

(Editorial - Graphic Illustration - MetroCreativeConnection)

While some of the legislation introduced so far in West Virginia’s regular legislative session is monstrosity masquerading as an effort to protect children, a couple of the ideas proposed by lawmakers really will make a difference and should receive serious consideration.

First is the committee substitute for House Bill 4302 recommended by the House Judiciary Committee, which would modify penalties imposed on those convicted of child abuse.

The bill raises jail time for a parent, guardian, custodian, or person in a position of trust who is convicted of abusing a child from a minimum of one year to not less than two years, with the maximum number of years in prison from five years to 10 years. Jail time for abuse of a child causing serious bodily injury would increase from a minimum of two years to a minimum of five years, with the maximum jail time increasing from 10 years to 15 years in the state’s prison system.

Given the increase in the number of child abuse convictions in the Mountain State last year, any attempt to scare adults into treating the children in their care properly is worthwhile. But while lawmakers address that aspect, they must also consider House Bill 4595, introduced by Del. Amy Summers, R-Taylor, which is meant to improve transparency for the agencies formerly known collectively as the state Department of Health and Human Resources.

Spurred by cases such as the one in Sissonville last year in which neighbors said they called Child Protective Services several times but never got a response, “This bill allows us to go into executive session on a limited basis to conduct investigations, review documents, and hear testimony on information considered confidential,” Summers told WV MetroNews.

In that case, rather than explain what happened, CPS leaned on a state law they said prohibited them from releasing information about children in their care.

“We need to know–when did they go? What did they find while they were there? Is there something that should have alerted them to a problem that they didn’t notice?” Summers told MetroNews. “All of these questions the public has, we will have.”

She’s right — though it would be nice if that executive session included something publicly reportable as an end result.

Lawmakers considering whether to increase penalties for child abuse must also ensure the agencies in charge of helping bring those criminals to light are doing their jobs for our kids. THAT is what lawmakers should mean when they say they want to protect children.

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