West Virginia
Foster care lawsuit: State attempting to shield more docs from scrutiny, attorneys suing state say • West Virginia Watch
Attorneys suing state officials over its troubled foster care system say the state is attempting to shield emails, documents and more that could shed light on how the state has responded to the crisis.
The West Virginia Department of Human Services — formerly part of the West Virginia Department of Health and Human Resources — has already been sanctioned this year for its role in failing to preserve emails from former top foster care officials related to the case.
West Virginia attorneys, along with New York-based nonprofit A Better Childhood, filed the lawsuit on behalf of children in 2019, alleging the mistreatment of thousands of kids in state foster care.
In new filings this month, the attorneys said that state officials requested deliberative process privilege to exempt at least 2,610 documents from being reviewed as part of the suit.
The privilege can allow records, including certain emails and policy drafts, to be withheld in the interest of protecting confidential information that could include decision making.
Additionally, attorneys said that DoHS did not specify why documents like news releases, meeting minutes and drafts about agency decision making could be shielded from the case. Instead, attorneys said, DoHS sent a log with “meaningless descriptions” of what was being withheld.
“Defendants should not be permitted to withhold documents nor prevent answers at depositions by asserting deliberative process privilege,” the plaintiffs wrote on June 13.
The foster care lawsuit was filed against state foster care leaders and Gov. Jim Justice.
Attorneys for DoHS and the governor’s administration argued that deliberative process privilege was necessary given the wide range of discussions staff had in emails about the child welfare system.
Subjecting those documents, including emails, to public scrutiny could create a “chilling effect” on staff and “would harm the process and integrity of executive decision-making,” they explained.
“Defendants have provided Plaintiffs with nearly 700,000 documents in response to Plaintiffs’ document requests, including tens of thousands of emails of public servants at high levels of the [DoHS] and the governor’s office, many of whom have key roles in policy development,” said attorneys for the state in a filing earlier this month. “Of these hundreds of thousands of documents, [DoHS] withheld only 2,610 documents on claims of deliberative process privilege, based on the individual review of each document.”
Additionally, Deputy Secretary of Children and Adult Services Cammie Chapman argued that some of her communications should be left out of the suit due to media coverage on West Virginia foster care.
“The child welfare system is subject to intense scrutiny by the media,” she wrote. “When DoHS personnel know that their internal deliberations could be splashed across headlines as part of decontextualized quotes — indeed, full contextualization would often require statutorily-protected information about specific foster children, families, or reporters — they are far less likely to be forthcoming about their ideas or to advocate their beliefs with candor.”
She added that the information could be “used to fuel ad hominem attacks in online media,” which could harm employees.
State lawmakers have accused DoHS of hiding how it cares for more than 6,100 children in state custody, including hundreds who reside out of state in facilities, hospitals or with family members.
Recently, media were stonewalled in their efforts to learn if Child Protective Services checked on a 14-year-old Boone County girl who was found emaciated. Police said they’d made a referral in the high-profile case a year prior to her death.
West Virginia has the nation’s highest rate of children coming into foster care. There aren’t enough foster homes to take care of children, and kids end up in hotels, motels, offices and cabins due to the shortage.
The state has implemented foster care reforms in recent years, like increasing pay for CPS workers. DoHS is also working to decrease the number of foster children who live in facilities, including ones that are out of state.
The state has unsuccessfully sought to dismiss the 2019 foster care suit and could pay possibly $172,000 in sanctions, according to fees requested by plaintiffs.
CHARLESTON, W.Va. — The following events happened on these dates in West Virginia history, compiled by the West Virginia Humanities Council from its online encyclopedia, e-WV.
April 19, 1896: Writer Melville Davisson Post was born in Harrison County. His best-known works are the Randolph Mason series, published in three volumes, and the more successful collection Uncle Abner: Master of Mysteries.
April 19, 1902: Author Jean Lee Latham was born in Buckhannon. She wrote a number of children’s books, including Carry On, Mr. Bowditch, which won the 1956 Newbery Award.
April 20, 1823: Gen. Jesse Lee Reno was born in Wheeling. He graduated from West Point in 1846 with another cadet from western Virginia, Thomas J. Jackson, later known as “Stonewall.” Reno was the highest-ranking officer from present West Virginia killed in the Civil War.
April 20, 1863: President Abraham Lincoln issued a proclamation that in 60 days, West Virginia would become a state. The occasion was marked 100 years later during the state’s Centennial celebration with a special ceremonial session of the West Virginia Legislature on April 20, 1963, in Wheeling.
April 20, 1909: Fiddler Melvin Wine was born near Burnsville in Braxton County. A favorite of old-time music enthusiasts nationally, he was chosen as a National Heritage Fellow in 1991 by the National Endowment for the Arts — the highest recognition given to a folk artist in the United States.
April 20, 1939: Poet Irene McKinney was born in Belington, Barbour County. Gov. Gaston Caperton appointed her state poet laureate in 1993, and she served in that capacity until her death in 2012.
April 21, 1908: Musician Phoeba Cottrell Parsons was born in Calhoun County. Parsons’ traditional clawhammer banjo style, unaccompanied ballad singing, riddles and storytelling have influenced countless younger musicians.
April 21, 1936: President Franklin Roosevelt established the Jefferson National Forest. The West Virginia portion of the forest includes about 19,000 acres in Monroe County.
April 22, 1908: Marshall “Little Sleepy” Glenn was born in Elkins. Glenn coached basketball at West Virginia University from 1934 to 1938 and football from 1937 to 1940. He was inducted into the WVU Sports Hall of Fame in 1992.
April 22, 1948: Grammy-nominated singer-songwriter and musician Larry Groce was born in Dallas, Texas. He is best known as the longtime host and artistic director of the Mountain Stage radio program.
April 22, 2003: Activist Judy Bonds, a Raleigh County native, received the Goldman Environmental Prize for her fight against mountaintop removal mining. Her efforts inspired thousands and turned a local West Virginia issue into a national cause.
April 23, 1857: Andrew S. Rowan was born in Gap Mills, Monroe County. Rowan, a military officer, was chosen as the messenger when President William McKinley wanted to send a message to Cuban Gen. Calixto Garcia during the Spanish-American War. The 1899 pamphlet A Message to Garcia made the incident famous.
April 24, 1865: McNeill’s Rangers surrendered to Union troops at New Creek — now Keyser. The Confederate guerrilla force probably never numbered more than 100 men at any time but managed to inflict regular damage on Union operations.
April 25, 1863: In what became known as the Jones-Imboden Raid, about 1,500 Confederate soldiers under Gen. William “Grumble” Jones advanced through Greenland Gap, a deep pass through New Creek Mountain in present Grant County. The Confederates encountered 87 Union soldiers who held off several assaults before finally surrendering.
April 25, 1923: Union leader Arnold Ray Miller was born at Leewood on Cabin Creek in Kanawha County. In December 1972, he defeated Tony Boyle to become president of the United Mine Workers and served until 1979.
e-WV is a project of the West Virginia Humanities Council. For more information, contact the council at 1310 Kanawha Blvd. E., Charleston, WV 25301, call 304-346-8500 or visit wvencyclopedia.org.
During the Gold-Blue spring game on Saturday, the West Virginia coaching staff named wide receiver Cyrus Traught the recipient of the 2026 Tommy Nikolich Award.
The award, which is always given out at the end of spring ball, recognizes a walk-on team member who has distinguished himself through his attitude and work ethic. The award is presented in memory of Tommy Nickolich, a former WVU player (1980-82) who passed away from cancer in 1983.
Traugh is a Parkersburg native and graduate of Parkersburg South High School. He began his career at Youngstown State before transferring back home to play for the Mountaineers last season. In his final year with the Penguins, he logged 36 receptions, 409 yards, and a team-leading five touchdowns, two of which came against Pitt.
During the 2025 campaign with the Mountaineers, he saw action against Robert Morris and Kansas, playing 10 snaps against the Jayhawks, but did not record any stats.
Head coach Rich Rodriguez has mentioned him twice this spring as someone who has been doing some good things and making progress. Wide receivers coach Ryan Garrett also showed him some love during his press conference last week.
The Mountaineers completely revamped the wide receiver room this offseason, upping the level of talent at both inside and outside receiver spots, but perhaps Traugh can work his way into the mix if he puts together a strong summer and fall camp. If he’s not a regular in the rotation, he’ll serve as a quality depth piece who can play special teams.
Past Nickolich Award winners:
2025: Clay Ash, RB
2024: Avery Wilcox, S
2023: C.J. Cole, WR
2022: Nick Malone, OL
2021: Graeson Malashevich, WR/H
2020: Osman Kamara, S
2019: Jake Abbott, LB
2018: Evan Staley, K
2017: Nick Meadows, LS
2016: Jon Lewis, DL
2015: Justin Arndt, LB
2014: Michael Calicchio, OL
2013: Connor Arlia, WR
2012: Tyler Anderson, DE
2011: Ryan Nehlen, WR
2010: Matt Lindamood, FB
2009: Josh Taylor, DL
2008: Adam Hughes, LS
2007: Andy Emery, LB
2006: Tim Lindsey, LS
2005: George Shehl, H/DB
2004: Jeff Noechel, LB
2003: John Pennington, WR
2002: Moe Fofana, RB
2001: Jeremy Knapp, TE
2000: Ben Collins, LB
1999: Bryan Lorenz, LB
1998: Mark Corman, TE
1997: David Lightcap, DB
1996: Matt Ceresa, OL
1995: Rob Keys, DB
1994: Randy Fulmore, DB
1993: Matt McCulty, WR
1992: Brett Parise, WR, Ray Wilcox, LB
1991: Keith Taparausky, RB
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