West Virginia

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

Published

3 months ago

June 18, 2024

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.

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West Virginia

Die-Hards: Pitt Snap Counts in Win Against West Virginia

Published

6 hours ago

September 20, 2024

Press Room

Die-Hards: Pitt Snap Counts in Win Against West Virginia

Pitt had to come back again, from down 10 points in the last four minutes of the 107th Backyard Brawl, but the Panthers were up for the task for the second straight week. A win against West Virginia was a massive early-season moment for the Panthers.

We’re starting to see how the Pitt coaching staff views the roster with the way snaps were distributed against WVU in the Brawl.

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West Virginia

Kansas football vs West Virginia: Scouting report, prediction for Jayhawks’ road game

Published

14 hours ago

September 20, 2024

Press Room

Kansas football vs West Virginia: Scouting report, prediction for Jayhawks’ road game

LAWRENCE — Kansas football will attempt to end a two-game losing streak Saturday on the road against West Virginia.

The Jayhawks (1-2) are coming off of a 23-20 loss at home against UNLV. The Mountaineers (1-2) are coming off of a 38-34 loss on the road against Pittsburgh. It’s the first time these two sides have matched up since Kansas won in overtime at West Virginia in 2022.

What’s on the mind of Kansas’ coaches ahead of this Big 12 Conference opener? What’s on the mind of the Jayhawks’ players? Ahead of the 11 a.m. (CT) scheduled kickoff, take a look at this scouting report and prediction for the game:

Kansas football could be without linebacker Jayson Gilliom again, against West Virginia

Kansas football’s Lance Leipold previews West Virginia

Kansas head coach Lance Leipold understands West Virginia has faced multiple rivals, so he’s not discounting the Mountaineers because they are 1-2 so far. He also noted how talented the West Virginia quarterback can be, especially with his feet. Much like the Jayhawks, the Mountaineers have a running back duo that will help create a significant test for Kansas.

Jeff Grimes highlights what stands out about West Virginia

Kansas assistant head coach/offensive coordinator Jeff Grimes might be new to the KU coaching staff, but he isn’t new to facing West Virginia with Mountaineers head coach Neal Brown. Grimes, who has a lot of respect for Brown, described West Virginia as tough, physical and sound. Grimes hopes redshirt junior quarterback Jalon Daniels’ mobility is something the Jayhawks can use to their advantage, and is aware of how aggressive the Mountaineers can be up front.

Brian Borland points out what he’s thinking about West Virginia

Kansas defensive coordinator Brian Borland considers West Virginia’s offense similar to that of the offenses the Jayhawks have faced so far this season. Borland highlighted how much experience the Mountaineers have, and the talent along their offensive line. He didn’t only echo what Leipold said about West Virginia’s mobile quarterback, but praised the one-two punch the Mountaineers have at running back — one smaller and faster, and another more physically imposing.

Kansas players discuss West Virginia matchup

Kansas players spoke with a lot of respect about West Virginia.

Jayhawks redshirt senior defensive end Dylan Wudke mentioned how veteran the Mountaineers’ offensive line is, and the balance their offense possesses. He’s not going to lose sight of West Virginia’s physical running back. He thinks it helps Kansas will have faced mobile quarterbacks in back-to-back weeks, but noted the UNLV quarterback was more of a bruising runner and the WVU quarterback is more elusive.

Jayhawks senior offensive lineman Bryce Cabeldue praised the front the Mountaineers have, as well as how much movement West Virginia incorporates. He described it as similar to what Kansas has faced so far this season. However, he outlined it’s important for the Jayhawks to focus on themselves.

Senior running back Devin Neal said the Mountaineers are sound and disciplined, especially at linebacker. He anticipates facing an opponent that is as motivated as Kansas is, after the start it’s had this season. Neal, though, is confident the Jayhawks can get back on track against West Virginia.

Prediction: Kansas 37, West Virginia 27

Kansas has struggled at times this season, and is in a situation where it’s definitely in need of a win. The same can be said for West Virginia, but KU is a program that needs this win more than the other. The Jayhawks should be able to persevere here, and get their season back on the right track against the Mountaineers.

Jordan Guskey covers the University of Kansas Athletics at The Topeka Capital-Journal. He is the National Sports Media Association’s sportswriter of the year for the state of Kansas for 2022. Contact him at jmguskey@gannett.com or on Twitter at @JordanGuskey.

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Expanding drought conditions stretching to Pennsylvania, West Virginia and Ohio

Published

21 hours ago

September 19, 2024

Press Room

Expanding drought conditions stretching to Pennsylvania, West Virginia and Ohio

PITTSBURGH (KDKA) – This week’s drought monitor continues to show slowly expanding and deteriorating drought conditions across Western Pennsylvania.

More of Westmoreland and Fayette counties have been added to severe drought levels and Lawrence and Mercer counties have been upgraded from abnormally dry to moderate drought.

The month of September, so far, has not been of any help with regard to the weather pattern after a very erratic summer precipitation pattern. Through Sept. 18, this month is currently the second driest September on record in Pittsburgh with only 0.45″ of rain recorded at the airport.

There is still a week and a half left in the month and with precipitation chances on the way, this stat will likely not hold, but more than likely, this month will end with below-average precipitation.

No measurable precipitation has occurred since Sept. 7, which would make today the 12th day in a row with no measurable precipitation. The longest stretch without any measurable precipitation in Pittsburgh is 26 days from mid-October to early November 1874.

In neighboring Ohio and West Virginia, drought conditions are far worse with widespread “Extreme” and “Exceptional” drought conditions.

For Ohio and West Virginia, this is the first time exceptional drought has been added to these states ever since the Drought Monitor began in 2000. Extreme drought is also not common in Pennsylvania, Ohio and West Virginia. Since 2000, Pennsylvania and West Virginia have only been in extreme drought four times, while Ohio has only seen extreme drought three times.

Drought is impacting Western Pennsylvania by leading to daily low streamflow rates on our area rivers and creeks.

The following rivers are reporting much below normal (10th percentile) streamflow: Beaver River at Beaver Falls, Youghiogheny River from Friendstown to Oakland, Md., Loyalhanna Creek in Westmoreland County and Monongahela River at Masontown, Pa.

Several stream gauging stations in Ohio and West Virginia are reporting much below and record low daily stream flow. Other impacts from the drought include reduced harvest yields, muted fall foliage, greater water usage and increased wildfire risks.

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