W.Va. Gov.: WVSP referral didn’t make it to CPS, trooper should have done more

CHARLESTON, W.Va. (WSAZ) – West Virginia Gov. Jim Justice confirmed that a West Virginia state trooper says he drove to a local child welfare office to report a suspected case of child neglect, however, that information never made it into the state’s Child Protective Services System.

Justice told reporters Friday that the trooper should have done more.

“If an officer went into an office and reported and and there was no follow up, nothing else happened, you know, what we’ve got to do is the officer has got to stand on the highest rock on the top of the mountain and scream loud enough to where something does happen,” he told reporters Friday during a virtual press briefing.

Those comments come amid a WSAZ Investigation, Deadly Details Denied.

Since April, WSAZ has been asking questions about the death of Kyneddi Miller, 14, of Boone County.

A childhood photo shows Miller smiling, however, years later, investigators say her life tragically ended. Deputies say her body was found in a skeletal state and she had not eaten for months.

Kyneddi’s mother and two grandparents were charged with child neglect resulting in death. All three have pleaded not guilty to the charge.

Justice, on April 23, told WSAZ NewsChannel 3′s Curtis Johnson, “the CPS folks, from what I understand, had no idea about this child, no idea whatsoever.”

But WSAZ kept digging, asking questions as the station found state and federal law says, in the case of a child neglect fatality the state shall make public any history between the child and CPS.

Exactly the request WSAZ made using the state’s Freedom of Information Act, but the request denied.

Department of Human Services Secretary Cynthia Persily, in a May 8 interview, echoing on the Governor’s initial statement, saying her agency had no records in its system with Kyneddi’s name.

But an anonymous letter, received only by WSAZ, tells a much different story.

It details two referrals to CPS involving Kyneddi — one in 2009 and another in 2017. The letter even includes intake numbers assigned to the cases, along with dates, times, and even the names of supervisors and workers.

According to the letter, Kyneddi’s name was listed both times in the CPS system. Then, there was audio and a call log that WSAZ obtained from West Virginia State Police. It references a third referral involving Kyneddi.

In the audio, a trooper is heard talking with a dispatcher after a welfare check on the teen in March 2023.

Radio traffic stated, “on that CAD call reference that welfare check, I just made that CPS referral if you can just put it in the notes on it.”

Persily refusing to answer questions Tuesday, hours later questioning WSAZ’s reporting in a written statement, saying her department never received any referral related to Kyneddi’s death. She added the department’s search for the State Police referral suggests it was never made.

State Police, in response, said it stands behind the recording and log they provided WSAZ.

Friday, the governor addressed it publicly for the first time. ”Here’s what I know,” he said. “There’s an officer that says that he drove, you know, I guess his personal vehicle or whatever, and he drove to to the offices and and went in and and made that report. At the same time, there’s no evidence that I can uncover so far that a report was made.”

Moments later, Johnson asked the governor for clarity on whether CPS knew about Kyneddi before she died.

”Simply put, is there any record in the CPS system with Kyneddi’s name on it indicating she needed help? If not, what is your response to State Police who stand behind their records, and a whistleblower who says the ‘17 case listed Kyneddi as a specific child enduring mental and emotional abuse?“

”This investigation has got to go on, Curtis. It has got to go on,” Justice replied. “You know, really and truly, all I think I can do in trying to answer your questions is risking the investigation, and I’m not going to do that.”

With knowledge of state and federal law, WSAZ then looked at other states and found they release information and it’s timely.”

In Nevada, WSAZ found case after case where information on any CPS history was released just days after a child had died.

WSAZ NewsChannel 3′s Sarah Sager took those examples to the governor after Friday’s briefing.

”I just wanted to give these to you,” Sager said.

”Listen, there’s no point,” Justice replied.

“There’s an investigation. We’ve got to finish the investigation, and really and truly, we need to be focused on how sad.” ”It is sad. This is from another state showing how quick they get referrals and information out,” Sager replied.

The governor then ended the conversation by getting into his vehicle and driving away.

WSAZ wanted Justice to have those reports from other states showing timely transparency on CPS history, so the station sent those examples to the governor’s staff Friday evening.

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