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WSAZ Investigates | W.Va.’s Child Neglect Confidentiality Law

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WSAZ Investigates | W.Va.’s Child Neglect Confidentiality Law


CHARLESTON, W.Va. (WSAZ) – The recent death of a 14-year-old girl in Boone County prompted WSAZ NewsChannel 3 to take a closer look at the state law that the West Virginia Department of Human Services says requires it to keep quiet.

News of the fatality broke last week. Local authorities say the teenager had not eaten for months and was unable to function more than four to five days before she died.

Authorities also say the girl, who they believe was home schooled, had not been outside of the home more than two times in the last four years.

The teen’s mother was charged with child neglect resulting in death.

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Mother arrested in connection with teen’s death

The Governor’s Department of Human Services, on Monday, issued a lengthy statement on the case on behalf of Child Protective Services. It says, in part, that such cases deserve “deliberative, thoughtful, and cautious,” assessment with careful respect for confidentiality.

A day later, Tuesday, NewsChannel 3 reporter Curtis Johnson asked Gov. Jim Justice, should that statement indicate that CPS had a history in that child’s life?

Justice said, “You know, Curtis, the CPS folks, from what I understand, had no idea about this child, no idea whatsoever.”

W.Va. Gov: CPS had ‘no idea’ of Boone neglect case

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So, Johnson asked Human Services to verify the governor’s comment that CPS had no knowledge of the Boone County teenager.

Instead, a spokesperson directed Johnson to “carefully review” Monday’s lengthy statement

He did just that, reading not only the press release, but also the section of state law it referenced. It was there, Johnson found one subsection that says the department, in case of a child neglect fatality, shall make public information relating to the case.

So, Johnson asked the department for any information regarding the Boone County case, or an explanation if the department believed it could not provide information.

The spokesperson did not respond before 6 p.m. Thursday.

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As a result, Johnson took that question to state Del. Heather Tully, R-Nicholas, reading her that specific section of code.

“If there is a child fatality or near fatality due to child abuse and neglect, information relating to a fatality or near fatality shall be made public by the Department of Human Services and provided to the entities described,” Johnson said to Tully. “How do you read that?”

“I believe that if a child fatality occurs or a near fatality occurs, then there should be some type of public information reporting,” she replied.

“It says information relating to a fatality or near fatality shall be made public,” Johnson asked. “You think that’s clear?”

“I think that’s very clear,” Tully replied. “I think the the term ‘public’ is very clear to probably anybody that interprets it.”

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But it doesn’t stop there.

Even the department’s release acknowledged another section of that state law, which reads “information related to child abuse or neglect proceedings … shall be made available upon request to: Federal, state, or local government entities.”

Tully serves on the state’s Legislative Oversight Commission on Health and Human Resources Accountability, known by its acronym LOCHHRA for short.

“When you talk about federal, state or local government entities, you believe LOCHHRA is clearly a state entity?” Johnson asked.

“I believe that the Legislature is clearly a state entity,” Tully replied.

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“Have you requested that information in similar cases?” he asked.

“I have not requested that information in writing,” she answered. “I have certainly made inquiry into certain cases that have happened before the Department of Human Services, only to be stonewalled and to be told that they can’t give us that information as a member of the LOCHHRA committee.”

WSAZ reached out to the Governor’s Office late Thursday afternoon to ask if he plans to direct the Department of Human Services to release any information it has as required by state code in a child fatality case.

WSAZ had received no response as of 6 p.m. Thursday.

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West Virginia man accused of threatening Trump, ICE agents indicted

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West Virginia man accused of threatening Trump, ICE agents indicted


A West Virginia man accused of threatening to attack President Donald Trump and U.S. Immigration and Customs Enforcement workers was federally indicted this week.

Cody Lee Smith, 20, of Clarksburg was indicted on two counts of threats to murder the president, one count of influencing and retaliating against federal officials by threat of murder and one count of influencing a federal official by threat of murder, according to a news release from the U.S. Attorney’s Office for the Northern District of West Virginia.

Smith is accused of making a series of public posts on Instagram encouraging and threatening the murder of Trump, those who support him, Israelis and “all government officials,” the news release said.

The indictment also alleges that Smith sent a direct message via Instagram to Donald J. Trump, Jr., stating he would kill his father by cutting his “jugular.”

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In a phone call with the ICE tip line, Smith also threatened to kill ICE agents in Clarksburg and employees staffing the tip line.

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Smith faces up to 5 years for each of the presidential threat charges and faces up to 10 years in federal prison for each of the remaining counts.



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West Virginia falls flat in 65-63 loss to Kansas State – WV MetroNews

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West Virginia falls flat in 65-63 loss to Kansas State – WV MetroNews


West Virginia has said the right things about the need to capitalize on opportunities.

The Mountaineers aren’t following through when they come about.

The latest example came Tuesday night at Kansas State, which scored 21 unanswered points in the second half before holding off a furious West Virginia charge for a 65-53 victory at Bramlage Coliseum.

“The level of urgency and desire to win a game with so much on it wasn’t where it needed to be,” West Virginia head coach Ross Hodge said on postgame radio.

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The Wildcats (12-18, 3-14) played without leading scorer PJ Haggerty, a surprise scratch with an undisclosed injury.

Although WVU (17-13, 8-9) defeated Kansas State 59-54 with Haggerty in the lineup during a January matchup in Morgantown, the Mountaineers were unable to capitalize on his absence in the rematch and fell to 1-4 in their last five games.

Both teams were dismal offensively in the opening half, which ended with West Virginia leading, 26-23.

The Mountaineers got 10 points apiece from reserve forwards Chance Moore and DJ Thomas, helping the visitors to at least somewhat overcome a starting lineup that scored six points on 3-for-15 shooting over the first 20 minutes.

“When you’re playing a team that is a little down and out, you can’t give them life and can’t give them hope,” Hodge said. “We had so many opportunities in the first half and at the beginning of the game to make some plays and entice a team that’s been struggling to maybe keep struggling.”

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After a scoreless first half, WVU guard Honor Huff made his 100th three-pointer this season with 18:33 to play, allowing the Mountaineers to lead 31-27.

West Virginia went the next 8-plus minutes without a point, and Wildcats took control during that stretch.

Khamari McGriff scored the Wildcats’ first four points of the extended 21-0 spurt and accounted for four buckets and eight of the first 15 points during that time.

A jumper from CJ Jones with 10:53 remaining left the home team with a 48-31 advantage, before Thomas scored from close range to end his team’s extended drought at the 10:27 mark.

“I’m aware of our shortcomings and I understand when you’re deficient in some areas, your margin for error to win is razor thin,” Hodge said. “I’m disappointed with what was at stake, we got beat to loose balls. Would it have been nice to make more layups and threes? Of course. But when those things aren’t happening, you better do those other things.”

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KSU had separate 19-point leads, the latter of which came at 57-38 when McGriff made two free throws with 7:29 to play.

WVU then increased its aggressiveness offensively and reeled off the next 11 points, while the Wildcats began to play tentative while in possession.

A three-pointer from K-State’s Nate Johnson left the Wildcats with a 60-49 lead with 3:48 left, but the Mountaineers continued to battle and trailed by six when Chance Moore scored in the paint at the 1:24 mark.

Moore’s next basket made it a five-point game, and after a Johnson turnover, Huff made two free throws to bring WVU to within 61-58 with 48 seconds left.

Another KSU turnover gave the visitors the ball back, but after Moore missed a shot that the Mountaineers rebounded, Huff committed a costly turnover. 

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Johnson made two free throws with 17 seconds left, and McGriff added two more with 7 seconds remaining before Huff made a trey at the buzzer.

Moore led WVU with 18 points and made 6-of-7 shots, but again struggled on free throws, finishing 5 for 9. WVU hurts its cause at the charity stripe and made only 9-of-16 attempts.

Brenen Lorient was the Mountaineers’ second-leading scorer with 14 second-half points, while Thomas followed with 12 and Huff added 11 on 3-for-11 shooting.

Treysen Eaglestaff led all players with 11 rebounds in defeat, but made only 3-of-12 shots in a six-point showing.

McGriff led KSU with 18 points and added seven rebounds.

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Johnson finished with 16 points and nine boards.

WVU had nine of its 13 turnovers in the second half. 

“Nine turnovers in the second half creates more busted floors, more cross match opportunities and through that, it makes you vulnerable for paint touch opportunities,” Hodge said. 

K-State played under the guidance of interim head coach Matthew Driscoll. Driscoll replaced Jerome Tang, who was fired in between the team’s first and second matchups with West Virginia this season.

“Sometimes in life you get what you deserve,” Hodge said, “and we deserved to lose tonight.”

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Nitro completes utility deal with West Virginia American Water – WV MetroNews

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Nitro completes utility deal with West Virginia American Water – WV MetroNews


NITRO, W.Va. — It’s a done deal.

Nitro Mayor Dave Casebolt signed an agreement Tuesday with West Virginia American Water Company President Scott Wyman completing the sale of the Nitro Regional Wastewater Utility including the sewer plant for $20 million.

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The water utility will now own and operate the city’s water and wastewater systems. The state Public Service Commission recently approved the deal.

Casebolt said it’s good to get the long-talked-about agreement signed. He said the city can’t afford to make the improvements required at the sewer plant.

“We’re looking at needing between 40 and 50 million dollars of upgrades to our system and expecting our four-thousand customer base to try to offset those costs is not even practical,” Casebolt said.

Casebolt said sewer bills are going to go up but he said they were going to go up regardless. He said the city was facing increasing rates by as much as 50 percent.

West Virgina American is planning $42 million in upgrades to the sewer system over the next five years, Casebolt said.

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“It’s a much-need investment and actually allow the system to handle rainwater much better where it’s not backing up into people’s homes,” Casebolt said.



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