The Boone County Sheriff’s Department made a horrific discovery when they were called to a house in the Morrisvale community this week to investigate a reported death. They found the body of a 14-year-old girl on the bathroom floor.
The criminal complaint described the girl’s physical appearance as “shocking with an obvious emaciated, skeletal state.” It also said the child—identified only as KM—had an eating disorder and “has not been eating for months” and that her health had been deteriorating for months or even years.
Deputies charged the child’s mother, Anne Stone Miller, 49, with felony child neglect causing death because, according to the complaint, Miller “failed to obtain any medical treatment for (the child) for at least the last four years. It’s believed this neglect caused the death.”
This is a tragedy, and if the mother did neglect her child as is alleged, then she is the person most responsible for her death. However, the circumstances also prompt the question of whether anyone in a position of responsibility had any idea about the neglect or did this child fall through the cracks?
The complaint says the child had not attended school since late 2019 or early 2020. School officials are bound by law to report suspected cases of abuse and neglect unless the child was homeschooled.
Any report of abuse and neglect would have landed with the state’s Child Protective Services (CPS) agency, which is required by law to investigate or assess the allegation by interviewing household members separately, beginning with the child.
But we will likely never know whether anyone reported KM’s case because the state Department of Human Services will never say. Whenever the agency is asked about a case, it cites WV Code 49-5-101 which says that all records are confidential.
That law exists with good intent, to protect the privacy and emotional well-being of children. However, the law is so broad that it prevents the Legislature and even the Governor’s office from knowing whether a tragic case like this one was handled appropriately.
Remember last October when police found two young children living in a locked shed outside a house near Sissonville? Neighbors said they had contacted Child Protective Services, but it is unclear if CPS followed up or, if they did, what was found. Again, that was because of the overly strict confidentiality law.
Maybe CPS never knew about KM. Maybe there was a report, but CPS workers are so overwhelmed they never got to it. According to the Department of Human Services Dashboard, Boone County has 10 CPS workers and three vacancies. Boone County also has 94 children in the foster care system, which tells you their hands are full.
The West Virginia Legislature considered a bill (HB 4595) during the regular session earlier this year that would have empowered the Legislative Oversight Commission to investigate complaints of child abuse, nursing home abuse and other related issues in executive session. That would have provided some accountability. The bill passed the House, but it died in the Senate.
The Legislature could reconsider that bill or take a closer look at how other states handle these cases. For example, Montana law requires that child abuse and neglect cases be kept confidential. However, the law provides for exceptions including a child fatality and review team or a member of the Montana Legislature.
This is not about casting blame. However, it is fair to ask whether the tragedy could have been prevented and, sadly, that is unknowable if the state’s policy makers are kept in the dark.