WSAZ Investigates | W.Va.’s Child Neglect Confidentiality Law

CHARLESTON, W.Va. (WSAZ) – The recent death of a 14-year-old girl in Boone County prompted WSAZ NewsChannel 3 to take a closer look at the state law that the West Virginia Department of Human Services says requires it to keep quiet.

News of the fatality broke last week. Local authorities say the teenager had not eaten for months and was unable to function more than four to five days before she died.

Authorities also say the girl, who they believe was home schooled, had not been outside of the home more than two times in the last four years.

The teen’s mother was charged with child neglect resulting in death.

Mother arrested in connection with teen’s death

The Governor’s Department of Human Services, on Monday, issued a lengthy statement on the case on behalf of Child Protective Services. It says, in part, that such cases deserve “deliberative, thoughtful, and cautious,” assessment with careful respect for confidentiality.

A day later, Tuesday, NewsChannel 3 reporter Curtis Johnson asked Gov. Jim Justice, should that statement indicate that CPS had a history in that child’s life?

Justice said, “You know, Curtis, the CPS folks, from what I understand, had no idea about this child, no idea whatsoever.”

W.Va. Gov: CPS had ‘no idea’ of Boone neglect case

So, Johnson asked Human Services to verify the governor’s comment that CPS had no knowledge of the Boone County teenager.

Instead, a spokesperson directed Johnson to “carefully review” Monday’s lengthy statement

He did just that, reading not only the press release, but also the section of state law it referenced. It was there, Johnson found one subsection that says the department, in case of a child neglect fatality, shall make public information relating to the case.

So, Johnson asked the department for any information regarding the Boone County case, or an explanation if the department believed it could not provide information.

The spokesperson did not respond before 6 p.m. Thursday.

As a result, Johnson took that question to state Del. Heather Tully, R-Nicholas, reading her that specific section of code.

“If there is a child fatality or near fatality due to child abuse and neglect, information relating to a fatality or near fatality shall be made public by the Department of Human Services and provided to the entities described,” Johnson said to Tully. “How do you read that?”

“I believe that if a child fatality occurs or a near fatality occurs, then there should be some type of public information reporting,” she replied.

“It says information relating to a fatality or near fatality shall be made public,” Johnson asked. “You think that’s clear?”

“I think that’s very clear,” Tully replied. “I think the the term ‘public’ is very clear to probably anybody that interprets it.”

But it doesn’t stop there.

Even the department’s release acknowledged another section of that state law, which reads “information related to child abuse or neglect proceedings … shall be made available upon request to: Federal, state, or local government entities.”

Tully serves on the state’s Legislative Oversight Commission on Health and Human Resources Accountability, known by its acronym LOCHHRA for short.

“When you talk about federal, state or local government entities, you believe LOCHHRA is clearly a state entity?” Johnson asked.

“I believe that the Legislature is clearly a state entity,” Tully replied.

“Have you requested that information in similar cases?” he asked.

“I have not requested that information in writing,” she answered. “I have certainly made inquiry into certain cases that have happened before the Department of Human Services, only to be stonewalled and to be told that they can’t give us that information as a member of the LOCHHRA committee.”

WSAZ reached out to the Governor’s Office late Thursday afternoon to ask if he plans to direct the Department of Human Services to release any information it has as required by state code in a child fatality case.

WSAZ had received no response as of 6 p.m. Thursday.

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