Justice: Child Protective Services didn’t know about Boone girl found dead in a ‘skeletal state’

Child Protective Services had “no idea” about a Boone County girl who was found dead in “a skeletal state” at home last week, according to Gov. Jim Justice. 

The governor’s revelation on Tuesday came less than 24 hours after the head of the Department of Human Services said records related to the case must remain confidential.

Several media outlets, including West Virginia Watch, filed Freedom of Information Act requests seeking records to determine whether CPS was aware of the child’s situation. 

Her family members told WCHS that they had contacted CPS about the 14-year-old girl prior to her death. Her mother was charged with child neglect causing death.

“The CPS folks, from what I understand, had no idea about this child – no idea whatsoever,” Justice said during a virtual press briefing in response to a question from WSAZ reporter Curtis Johnson. 

Justice added that more resources must be put into the state’s child welfare system.

“This is a tragedy that is unthinkable, but stuff like this happens,” he said. “What do we do to ensure this doesn’t happen again? … We’ve got to pour more money into this, we’ve got to have more workers and we’ve got to have more resources.”

The state’s CPS workforce, grappling with an overburdened child welfare system, have for years failed to investigate around half of child abuse reports in the required timeframe. 

Through a FOIA request, West Virginia Watch obtained records showing CPS was aware of children in Sissonville who were found in October living in a shed without access to running water or a toilet. No records existed that could show CPS traveled to the home to check on the children before police found them in “devastating” conditions.

On Monday, DoHS Cabinet Secretary Cynthia Persily said in a statement that it was “essential to recognize that confidentiality protocols, mandated by both state and federal law, are designed and implemented” so that people can report suspected child abuse without fear of retaliation. 

“State and federal confidentiality laws are vital to preserving the integrity of investigations, prevent malicious misuse of the system, and to safeguard the privacy rights of children and their families,” she said. “ … In light of our community’s most recent devastating loss of life, it is crucial to understand that CPS cannot prevent every instance of abuse or neglect. It is also important for the people of our state to know that CPS strives diligently to investigate every qualified report and intervene within our legal authority and statutory mandate to protect our youngest and most vulnerable citizens.”

Reporters have said they are not seeking personal information about the child or who might have made CPS referrals — only the state’s possible response to the situation. 

DoHS has not yet responded to West Virginia Watch’s FOIA request about the Boone incident. 

State child welfare code permits exemptions for documents requested under FOIA, according to Disability Rights West Virginia Legal Director Mike Folio. 

DRWV is also attempting to gain information on the case as the state’s federally-mandated protection advocacy system.

“The law is intended to be a sword not a shield,” said Folio, who also previously worked for the state health department.   

Justice said that it was unlikely that laws could be changed to increase the flow of information about how CPS is handling investigations. 

State lawmakers have said they also struggle to get information about tragic cases, including child deaths, from DoHS. 

Del. Heather Tully, R-Nicholas, asked the governor to add a bill to the call for the special session that would permit certain lawmakers to discuss “critical incidents” behind closed doors with state officials. The bill passed the House during the regular session but failed to be taken up for consideration in the Senate by deadline.