The West Virginia Constitution mentions several times the guarantee of “life” and “liberty.” These are inalienable rights and the government has a responsibility to ensure that they are protected.
That is especially true for the state’s children. It is a fundamental duty of West Virginia state agencies and the courts to assure that children are protected from neglect and abuse.
However, West Virginia’s foster care system is falling short of that responsibility. The system has more children than foster care families available, a shortage of case workers and a bureaucracy that makes it difficult for the public, the media and even lawmakers to get answers about the failures in the agency.
But now intense spotlights are being shined on the program, which is operated by the Department of Human Services.
Last month, Kanawha County Circuit Court Judge Maryclaire Akers issued an order requiring a monitor to track the placement of foster children in hotels or camps when there are no foster homes available. That followed the attempted suicide of a 12-year-old foster child who was housed in a hotel by Child Protective Services.
Also last month, U.S. District Court Judge Joseph Goodwin refused to inject the federal courts into the issue saying it lacked jurisdiction, but he made clear the system is broken. “West Virginia’s foster care system has cycled through inaction, bureaucratic indifference, shocking neglect and temporary fixes for years. The blame squarely lies with West Virginia state government.”
The Legislature was poised to act this week when the Senate Judiciary Committee took up a bill that would have required a third-party independent study of the child welfare system. However, Chairman Mike Stuart agreed to hold off after new DoHS Secretary Alex Mayer acknowledged the system is broken and that he and his team are already working on changes including hiring more staff, providing more training and ensuring accountability.
Stuart made clear it will be up to Mayer to make the necessary changes. “If the system isn’t improving and fixed, the accountability is on your shoulders,” Stuart said.
West Virginia has more than 6,000 children in the foster care system, the majority of them have been removed from homes where they were abused or neglected. The problem has been exacerbated by the ongoing drug crisis.
There is consensus among government leaders, the legal system, and even the head of DoHS that the system is broken, and children are suffering. That is an important first step. Now comes the hard part, ensuring that all children, regardless of their circumstances, receive the life, liberty and protection they deserve.