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Foster care lawsuit: State attempting to shield more docs from scrutiny, attorneys suing state say • West Virginia Watch

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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.

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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. 

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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.

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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. 

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West Virginia

West Virginia Scoots Up in Top 25 Rankings After Taking Series From Kennesaw State

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West Virginia Scoots Up in Top 25 Rankings After Taking Series From Kennesaw State


Another successful weekend for the West Virginia Mountaineers results in another slight bump up in the top 25 rankings. WVU took two of three from Kennesaw State on the road, allowing them to slide up to No. 23 in D1Baseball’s new batch of rankings.

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D1Baseball’s Top 25 for Week 3

1. UCLA
2. LSU
3. Texas
4. Mississippi State
5. Georgia Tech
6. Arkansas
7. Auburn
8. North Carolina
9. Florida
10. Southern Miss
11. Georgia
12. Oklahoma
13. NC State
14. Clemson
15. Wake Forest
16. Coastal Carolina
17. TCU
18. Oregon State
19. Tennessee
20. Florida State
21. Kentucky
22. Texas A&M
23. West Virginia
24. Miami
25. UTSA

Missed opportunity

West Virginia had a 6-0 lead in game three of its series against Kennesaw State, looking well on their way to a clean three-game sweep of the Owls.

Unfortunately for Steve Sabins, the bullpen imploded following another strong five-inning outing from the big lefty Maxx Yehl. Bryson Thacker, Carson Estridge, and David Perez combined to give up four runs on five hits over the final three innings, allowing the Owls to steal Sunday’s game.

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The loss frustrated West Virginia fans and rightfully so, but there’s no need to panic. The name of the game is to continue winning the series. You do that, you’ll find yourself in a position to make the NCAA Tournament and earn a high seed. Obviously, you don’t want to blow the opportunity of a sweep, especially when you’re up 6-0, but it’s not a loss that is going to ruin their resume. Losing the series, on the other hand, would have.

What’s next for the Mountaineers?

No single mid-week game this week for West Virginia. Instead, they’ll play a quick two-game series against Radford at home beginning Tuesday. They’ll get one day of rest before opening up a three-game series at home against Columbia, which will be the final series of non-conference play. WVU will have a single mid-week game against Maryland on Tuesday, March 10th, before beginning Big 12 action on the road against Baylor.

The full remaining schedule

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Mar. 2-4 Radford

Mar. 6-8 Columbia

Mar 10 Maryland

Mar 13-15 at Baylor

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Mar. 17 Penn State

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Mar. 29-21 BYU

Mar. 24 at Marshall

Mar. 27-29 at Arizona State

Mar. 31 at Arizona

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Apr. 3-5 UCF

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Apr. 7 Marshall

Apr. 10-12 at Texas Tech

Apr. 15 at Penn State

Apr. 17-19 Houston

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Apr. 21 Pitt

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Apr. 24-26 at Cincinnati

Apr. 29 at Penn State

May 1-3 Kansas State

May 5 Marshall (Charleston, WV)

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May 8-10 at Kansas

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May 14-16 TCU

May 20-23 Big 12 Championship (Surprise, AZ)



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West Virginia Surrenders Six-Run Lead, Falls in Series Finale to Kennesaw State

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West Virginia Surrenders Six-Run Lead, Falls in Series Finale to Kennesaw State


West Virgnia built a six-run lead through five and half innings, but the Kennesaw State Owls (5-5) scored seven unanswered runs in three frames to knock off the Mountaineers (8-2) Sunday afternoon 7-6.

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West Virginia captured an early 2-0 lead in the top of the first after sophomore Matt Ineich hit a leadoff single before sophomore Gavin Kelly and senior Paul Schoenfeld were issued walks to load the bases with two outs on the board. Then, redshirt freshman Ryan Maggy line a two-RBI single to centerfield in his first career start.

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The Mountaineers extended their lead in the second when Kelly hit a three went opposite field for a three-run home run, his first of the season, for a 5-0 advantage.

West Virginia starting southpaw pitcher Maxx Yehl threw five scoreless innings. The redshirt junior recorded four strikeouts on the day and limited the Owls to four hits.

Kelly added a run in the sixth, clearing the centerfield wall for his second home run of the afternoon and a 6-0 WVU lead.

Redshirt sophomore Bryson Thacker took the mound in the six. After a high and wide throw on a ground ball, a walk, and with two outs, junior Cooper Williams drooped an RBI single in right field to put the Owls on the board. Then, a pitch in the dirt rolled to the backstop to add another run, closing the gap to four, 6-2.

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Carson Estridge was handed the ball in the seventh. The senior right-hander gave up a leadoff double before registering the next two outs, including a strikeout, before freshman McCollum line an RBI single just out of the reach of the glove of Kelly. Senior Jackson Chirello cut the deficit one, hammering the 3-1 pitch well over the right field wall and into the Waffle House parking lot for a two-run home run.

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West Virginia head coach Steve Sabins turned to the clubhouse leader in saves David Perez to get the Mountaineers out of the inning. The freshman returned to the mound in the eighth. Senior Jamarie Brooks reached after hitting a sharp ground ball over to first that went between the legs of senior Ben Lumsden. Then, Williams blasted a two-run home run and a 7-6 Owls lead.

In the ninth, senior Matthew Graveline nearly tied the game with the swing of the bat, driving 0-2 pitch off the top of the left field wall for a one-out double to put the Mountaineers into scoring position. However, redshirt senior Harry Cain sat the last two Mountaineer hitters to collect his second win of the season as the Owls completed the comeback with the 7-6 decision.

West Virginia is back in action on Tuesday for the first of a two-game series against Radford. Game one and game two (Weds) are both scheduled for 2:00 p.m. and the all the action will stream on ESPN+.



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Delegate Larry Kump, master of various catch phrases, has died – WV MetroNews

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Delegate Larry Kump, master of various catch phrases, has died – WV MetroNews


Delegate Larry Kump of Berkeley County has died, state officials announced. Kump was 78 years old.

Larry Kump

Kump, a Republican, served in the House from 2010 to 2014, again from 2018 to 2020 and finally 2022 to the present. He had announced plans to run again in the coming electoral cycle.

“As a battle-tested and liberty minded Christian and Constitutional Conservative, my consecrated action principles of good governance remains solid and steadfast,” he wrote to supporters in January.

He had been serving in the ongoing legislative session, but had been absent in recent weeks.

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The daily prayer in the House of Delegates this past Wednesday included an expression of concern for Kump: “A special prayer for Delegate Larry Kump. Lord, you know where he is in the hospital now, and I pray right now that you would send your angels there to touch him, to be with him.”

Gov. Patrick Morrisey announced Kump’s death on social media, calling Kump “a devoted public servant who dedicated many years of his life to improving West Virginia.

“Delegate Kump served with a deep commitment to the principles he believed would strengthen our communities and protect our freedoms.

“On behalf of the First Lady and myself, we extend our condolences to Larry’s family, friends, former colleagues, and all those who had the privilege of knowing and serving alongside him. His legacy of service and his love for our state will never be forgotten.”

Secretary of State Kris Warner also posted condolences to Kump’s family. “Larry was a conservative Christian and a true Mountaineer! He will be sadly missed by his friends and colleagues,” Warner posted.

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The West Virginia Democratic Party also put out a statement to offer condolences, saying Kump’s work reflected a lifelong commitment to accountability, public policy, and the effective administration of government.

“Delegate Larry Kump devoted his life to his family, his community, and to his state. He brought experience, independence and thoughtfulness to his role, and he never lost sight of the people he served,” said Mike Pushkin, the Democratic Party chairman who is also a delegate from Kanawha County.

Kump was known for his turns of phrase, for example kicking off his comments on the House floor with “Great googly moogly” for emphasis. He often described his adoration for his “beloved and bodacious wife Cheryl.”

He regularly concluded interactions and written communications this way: “Meanwhile, and for sure and for certain, may God bless you all real good!”

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