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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

No. 17 West Virginia Travels to Face No. 22 Arizona State in Top-25 Weekend Series

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No. 17 West Virginia Travels to Face No. 22 Arizona State in Top-25 Weekend Series


The No. 17 West Virginia Mountaineers (17-4, 5-1) are in a top 25 road matchup and look to remain atop the Big 12 Conference standings against the No. 22 Arizona State Devils (18-6, 4-2) for a three-game weekend series. Game one is Friday night with the first pitch set for 9:30 p.m. EST (ESPN+) game two is Saturday at 9:30 p.m. EST (ESPN+) and the series finale is scheduled for Sunday night at 9:00 p.m. EST (ESPN2).

West Virginia comes into the game on a six-game winning streak after taking two of three from Baylor, sweeping BYU and knocked off Marshall Tuesday night.

Two Mountaineers reside in the top five of the Big 12 in batting averaging. Paul Schoenfeld has emerged as the Mountaineers leader at the plate, hitting a team-high .418, which ranks third in the conference with a team-best 26 RBI. The senior is currently on an 11-game hitting streak.

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Gavin Kelly is fourth in the league with a .416 batting average and is riding a 17-game hitting streak. The sophomore leads the team in hits (37), runs (28) and doubles (11).

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Senior Matthew Graveline has clubbed a team-high four home runs, while junior Armani leads the Mountaineers in stolen bases with 12.

On the mound, West Virginia is expected to start Dawson Montesa in the series opener. The junior right hander threw seven innings in his last outing against BYU, tying a season-high, with seven strikeouts. He holds 4-0 record with 4.65 ERA and 39 strikeouts.

Lefty Maxx Yehl is scheduled to move to the middle of the series after closing out each of the first six series of the season. The redshirt junior is second in the conference in ERA at .084, allowing a mere three runs in 32.0 innings of work. In the last two outings, he has recorded a combined 23 strikeouts, upping his season total to a team-leading 44 strikeouts on the season.

Chansen Cole will start game three. The right-handed sophomore had his toughest outing of the season last weekend against BYU. He allowed six earned runs in three innings, but registered six strikeouts. He is currently 3-0 with a 4.00 ERA with 29 strikeouts.

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Arizona State is 11-2 after a four-game skid against SEC opponents, and notched its series wins over TCU and Kansas State.

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Sophomore Landon Hairston leads the team with a .458 batting average, tie with fifth-year senior Dean Toigo with 11 home runs, 11 doubles, 36 runs, and 34 RBI.

Junior lefty Cole Carlon is slated to counter with Cole Carlon (2-1, 3.19 ERA), junior right-hander Alex Overbay (0-0, 5.19 ERA), is set for game two, and senior righty Kole Klecker (3-1, 5.61 ERA) is scheduled for the series finale.

This is the first meeting between the two programs.



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West Virginia Agencies Shielding Details on $1.44B DOE Coal Bail-out Loan from Public – CleanTechnica

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West Virginia Agencies Shielding Details on .44B DOE Coal Bail-out Loan from Public – CleanTechnica



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West Virginians Are On the Hook to Pay DOE for Short-Sighted Projects with Big Health Impacts

CHARLESTON, W.Va. — Following two postponements, the West Virginia Department of Commerce has informed Sierra Club’s West Virginia Chapter that there are “no non-exempt records” responsive to the Club’s Freedom of Information Act (FOIA) request pertaining to the U.S. Department of Energy (DOE) plans to loan local utilities $1.44 billion to fund refurbishment projects at six unnamed West Virginia coal-fired power plants.

The DOE and Governor Patrick Morrisey first announced the $1.44 billion in coal refurbishment projects as part of a larger $4.2 billion suite of fossil-fuel expansions in November 2025. The projects are intended to extend the lives of the six coal plants up to 20 years. However, regardless of how long the coal plants manage to continue operating, payments on the low-interest DOE loans will be passed on to West Virginians’ electric bills for decades.

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According to the West Virginia Department of Commerce, “certain public records within the scope” of the Sierra Club’s FOIA request are, “exempt from disclosure.” In the January FOIA filing, Sierra Club requested a detailed list of the six plants set to receive loans, as well as information on the cost and the specific upgrades proposed at each plant.

In addition to funding the projects, West Virginians will also shoulder the public health impacts. According to a Sierra Club study, West Virginia’s in-state coal plants currently account for hundreds of expensive hospital visits and 20 West Virginian deaths annually. West Virginia’s coal plants also account for 335 out-of-state deaths annually.

“West Virginians are being kept in the dark,” said Bill Price, Sierra Club West Virginia Chapter Chair. “Our local state agencies, tasked with serving the public interest, are expecting the public to repay billions of dollars in loans — blindfolded. No honest lender operates this way. No reasonable borrower would accept it. So why ask us to go along with the Governor’s deal without any details? In this time of increasing energy costs and high bills, people need to know where their money is going. We will continue to seek the answers and transparency West Virginians deserve.”

“West Virginia’s Freedom of Information Act states quite clearly, ‘The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments of government they have created.’ Before the State loads down West Virginia citizens with over a billion dollars in loans, they should at least tell us what this is for, what we have to pay back, and who profits from these loans,” added Jim Kotcon, Conservation Chair for Sierra Club West Virginia.

About the Sierra Club

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The Sierra Club is America’s largest and most influential grassroots environmental organization, with millions of members and supporters. In addition to protecting every person’s right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.


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CDC data: West Virginia overdose deaths drop nearly 50% in latest 12-month period

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CDC data: West Virginia overdose deaths drop nearly 50% in latest 12-month period


New CDC data shows a sharp decline in overdose deaths across West Virginia, dropping nearly 50% over a recent 12-month period. However, the report does not identify a single cause for the decrease.

New CDC data shows a sharp decline in overdose deaths across West Virginia, dropping nearly 50% over a recent 12-month period. However, the report does not identify a single cause for the decrease. (WCHS)

Organizations across the state say progress is likely due to a combination of prevention, treatment and long-term recovery efforts.

The West Virginia First Foundation, which distributes opioid settlement funds, says it has invested heavily in those areas.

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“We’ve committed nearly $40 million to over 170 projects throughout the state in those categories,” Executive Director Jonathan Board said.

Board says the collaboration among groups statewide has been key.

“It is all of us and all programs working together with a camaraderie that you rarely see in this space,” he said.

That includes recovery programs like Pollen8, which works directly with people overcoming addiction. Founder and CEO Cheryl Laws says funding has made a noticeable difference.

“There’s momentum, right? That 48% decrease with the funding that has been given is the biggest thing,” Laws said.

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While progress is encouraging, Laws says continued effort is critical.

“It has to be a continuum of care. Every piece is important, from harm reduction to longer-term inpatient. I think you see more success rates with that,” she said.

Organizations say maintaining that momentum will be essential to continuing the decline in overdose deaths.

“We still need that momentum going. We just built it. We do not need to go backwards. We need to keep going forward,” Laws said.

Board agrees, emphasizing the long-term impact of the work underway.

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“We understand that generations from now people will look back and ask us what we did with the time that was gifted to us. We need to make sure that we respect them,” he said.



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