Morrisey announces improvements to transparency, accountability in West Virginia foster care system
Gov. Patrick Morrisey, joined by Bureau for Social Services Commissioner Lorie Bragg, announced changes to the foster care and CPS systems Wednesday to improve transparency and outcomes for endangered children. (Photo by Steven Allen Adams)
CHARLESTON — Acknowledging Wednesday that there was much more work to be done, Gov. Patrick Morrisey said needed changes were coming to West Virginia’s foster care and child protection system. Speaking during a press conference Wednesday afternoon from the Governor’s Reception Room at the State Capitol Building, Morrisey announced six steps that his administration and the Department of Human Services were taking to improve communications with the public, transparency, training, and investigations involving the foster care system and Child Protective Services (CPS). “We know that it was difficult to hear many of the issues that could have been avoided had the state communicated differently, had the state eliminated some red tape, or had the right tools to better equip our CPS workers,” Morrisey said. “I think you all know that these issues have been going on for a very, very long time. Unfortunately, it’s the kids that suffer, and we can’t tolerate that…West Virginia cannot keep kicking the can down the road as was done in the past.” Morrisey announced six steps being taken by DoHS and his administration. Step one will be providing increased transparency and disclosing additional information about child fatalities and near-fatalities. Information that will be made available upon request includes the cause of circumstances surrounding the fatality or near-fatality, the age and sex of the child, and actions described in previous reports or investigations that are pertinent to the abuse or neglect that led to the fatality; and the results of any pertinent investigations and services provided by actions of the state on behalf of the child that are pertinent to the abuse or neglect that led to the fatality or near-fatality. Last year, DoHS and the previous administration of former governor Jim Justice refused to release similar requests for information involving the death of 14-year-old Boone County girl Kyneddi Miller. Law enforcement officers in Boone County found Miller in what they called a “skeletal state” due to years of malnutrition. Miller’s mother and grandparents are facing criminal charges. Cynthia Persily, the former DoHS cabinet secretary under Justice, issued a statement shortly after Miller’s death following media scrutiny, expressing remorse for the death of the child but stating that no information regarding the girl or any current or previous investigations would be released by the department. It was later reported that Miller’s name had appeared in two prior CPS cases involving her family in 2009 and 2017. “There was no excuse. I repeat, there was no excuse to keep this information to be shielded from the public,” Morrisey said. “We are going to be different. We’re going to be up front with the people of West Virginia, and we’re going to be as transparent as the law possibly allows.” The federal Child Abuse Prevention and Treatment Act (CAPTA) requires states to provide public disclosure about cases of child abuse or neglect resulting in child fatalities or near-fatalities. Data that can be disclosed include the circumstances of the fatality or near-fatality, age and gender and prior reports of abuse and neglect. CAPTA requires states to preserve the confidentiality of child abuse and neglect reports to preserve the rights of children and parents/guardians. However, CAPTA does allow states to authorize limited access to information as long as state officials guarantee the safety and well-being of children and parents/guardians. DoHS officials at the time stated they are already in compliance with CAPTA requirements by providing very basic child fatality data in an annual report. State Code 49-5-101 states that all records concerning children that DoHS maintains are confidential. Various media outlets filed Freedom of Information Act (FOIA) requests for the information and were denied or ignored. One news outlet – WSAZ-TV – tried to chase after Persily in the State Capitol Building to seek further information. “You’re not going to have to chase people down the hall. Applicable state law, federal law, and federal policy make it clear that certain information must be disclosed in case of child fatalities or near-fatalities resulting from abuse or neglect,” Morrisey said. “Going forward, the department will be complying with these disclosure requirements, and we’re working to promote transparency and accountability in the work of child welfare. That’s critical for the kids of our state.” Step two in Morrisey’s foster care/CPS plans includes an overhaul of the state’s Child Welfare Dashboard on the DoHS website to make it easier to use and easier to interpret the data. Morrisey said the new interactive features and data should be available by the end of the day Wednesday. Data will include month-by-month and annual trends. Step three involves a new leadership training for the more than 570 CPS supervisors, as well as requiring CPS supervisors to conduct monthly reviews of all cases they are responsible for. Morrisey was joined Wednesday by Lorie Bragg, the newly appointed commissioner of the Bureau for Social Services, having served as interim commissioner for the last several months. She said the new procedures and training have received positive feedback. “I think everybody’s appreciated the support that they’re getting from the training,” Bragg said. “The trainings are like documentation, accountability, employee engagement, so it’s around leadership versus management.” Step four involves the creation of a critical incident review team that would review all fatalities and near fatalities involving children involved in the child welfare system to make recommendations, recommend effective prevention and intervention processes, and work to decrease preventable child fatalities and near-fatalities. The critical incident review team is required by House Bill 2880. Step five involves creating a comprehensive practice model to review changes to CPS and foster care intake, Investigation, and services. And step six involves allowing caseworkers to gather more comprehensive information on cases once CPS referrals are made to determine if the referral should be screened in or out. “What this means is that employees will now be able to gather information from relevant individuals involved in the case rather than simply rely on exactly what’s in the referral,” Morrisey said. “I think that’s going to give people the flexibility they need to get to better decisions.” Steven Allen Adams can be reached at sadams@newsandsentinel.com