Morrisey administration reveals more details on child deaths but key CPS information still missing

After the lack of details on child welfare deaths drew sharp criticism from lawmakers, the Morrisey administration released more information about how children are dying in West Virginia. At least one of the children was in the state’s custody through the foster care system. 

The latest version of the report still lacks some details lawmakers wanted to review, including if Child Protective Services was aware of the children prior to death.

West Virginia screens in CPS referrals at the highest rate in the country, more than double the national average. A 2025 federal audit said West Virginia’s CPS failed to properly investigate a bulk of child abuse and neglect referrals.

“I appreciate the thoughtful details of the Department of Human Services and the updated report … One of the main details that needs to be included is the prior involvement of CPS in each of these cases,” said Del. Adam Burkhammer, R-Lewis, who has spearheaded child welfare reform as the Legislature grapples with the state’s troubled foster care system. Burkhammer is a foster parent.

“I think when we look to improve CPS policy and culture, we have to know if CPS was involved in any of these fatalities or near fatalities prior to the incident,” he said. 

A 2025 state law mandated the creation of the Critical Incident Review Team as lawmakers hoped to get more timely information about child deaths, particularly children in the foster care system or in active Child Protective Services cases.

The legislation came in the wake of the 2024 death of 14-year-old Kyneddi Miller, who starved to death on the floor of her Boone County home. State officials maintained that CPS didn’t know about Miller prior to her death, despite reporters obtaining documents showing that a CPS referral had been made about her. 

The Critical Incident Review Team released their first required report in July after they reviewed 29 incidents where a child died. However, it was light on information about individual child deaths and whether CPS had been involved with the child’s parents or caregivers ahead of the death.

“Twenty-nine kids died and we got three bullet points to send out,” Burkhammer said last month in a meeting where lawmakers strongly criticized the state Bureau for Social Services about the short report. 

The second quarterly report, released this week, was more expansive and included specifics about several child deaths. 

“This report continues to show us that we’ve got a lot of work to do in protecting vulnerable kids, and I look forward to working with CPS to make that happen in the future,” Burkhammer said on Thursday. The Critical Incident Review Team reviewed 20 cases between May and July, including 16 fatalities. 

Of those 16 fatalities, four children were involved in open CPS cases or assessments. 

Twelve referrals were accepted for assessment, and five were determined to be the result of abuse.

In one case, a male infant died from exposure to fentanyl while in the custody of kinship/relative placement after CPS removed the baby from the parents. Despite the infant’s removal from the parents, the kinship caregiver allowed the biological mother to care for the infant. Three adults have been arrested as a result of the infant’s death.

In another case reviewed by the team, a male infant died while cosleeping with an adult. The report notes that “the home was reportedly in deplorable condition,” and the parents were charged criminally. The report doesn’t say whether CPS was aware of the child prior to his death; a CPS investigation is ongoing.

Lawmakers tasked the Critical Incident Review Team with making recommendations to decrease preventable child fatalities and near fatalities in the state’s child welfare system.   

The team recommended that the Bureau of Social Services establish and require refresher training for child welfare staff on substance use investigations and drug-affected infant referrals. 

The Bureau of Social Services also needs to, according to the report, develop additional procedures for field investigations as it relates to substance use in homes where children under the age of three reside, “given the correlation between early childhood and substance use-related critical incidents.”

The Critical Incident Review Team’s report said that a female infant survived after receiving naloxone because she was showing signs of overdosing. “ The family has had two prior CPS referrals, according to the report. “The parents were referred to informal services,” the report said.

“We’ll continue to work with CPS and the Department of Human Services to make sure all the information is getting shared properly, as well as all of the corrective measures are being implemented,” Burkhammer said.