Senator Mike Stuart proposed an independent and comprehensive study of West Virginia’s child welfare system, tabled it when the human services secretary said it wouldn’t be necessary, brought it back, made a passionate case for its necessity and then watched the committee he leads vote it down.
“Our system has been in crisis since the day every senator entered this chamber, and our system is worse today than the day every senator entered this chamber,” Stuart said after hearing several members of the Senate Judiciary Committee, where he is the chairman, argue against the proposal.
“We will go with the aspirational promises that will fix this system, and I can promise you — vote however you want on this — that there will be kids in crisis, and we bear responsibility for that.”
About 6,000 children in West Virginia are in state custody.
There are 471 West Virginia children placed in out of state residences, according to legislative testimony last week by representatives of the Department of Human Services.
Stuart had proposed Senate Bill 727 to direct a thorough examination of West Virginia’s child welfare system. The bill was to address issues in the abuse and neglect court system, foster care and education.
The Judiciary chairman first brought the bill before the committee on March 10, calling it a supercharged study resolution. Then, West Virginia Human Services Secretary Alex Mayer told the committee that his agency is already working toward meaningful change. At the time, Stuart tabled the bill and directed ultimate responsibility to Mayer.
On Wednesday evening, he brought it back. During a discussion that lasted an hour and twenty minutes, several committee members questioned whether the study would cost taxpayer dollars but have no teeth.
“What’s in the bill that the governor could not do on his own right now without this legislation?” asked Senator Eric Tarr, R-Putnam.
Tarr said that his years of legislative experience have given him no hope that paying for a study will accomplish results.
“It takes a governor that takes an interest in this part of his executive agencies to go down there and make things happen. And it wouldn’t matter how much we try to be the executive from the legislature to make that happen,” Tarr said.
“Doesn’t matter how many studies we pay for with taxpayer dollars. So I appreciate the intent. My experience tells me this is a waste.”
Stuart responded, “We’ve been a get nothing done state by these issues, regardless of the studies that have been commissioned. But I can tell you, without studies, there are kids in crisis tonight, and that’s just a fact. And so we need a road map.”
But other senators also questioned whether the study would be worthwhile.
Senator Vince Deeds, R-Greenbrier, said a task force could be just as effective. “As soon as the dust settles after session,” he said, “let’s get together.” Deeds noted that roughly 14 child welfare bills this session, some produced by an informal group, address a range of issues. “It has to be a patchwork,” he said.
Senator Brian Helton, R-Fayette, said the study’s direction fell flat. “I don’t think it’s action oriented. I don’t know what we’re going to do with this. So we’re going to get the study and then we don’t know what we’re going to do.”
Stuart tried to rally support for the study, saying there is no more important issue than alleviating West Virginia’s child welfare crisis. In his comments, Stuart made reference to his upcoming role as general counsel of the U.S. Department of Health and Human Service.
“I suggest that if I leave here in another month or two months and I come back here four years from now, the system will still be as broken, and we will still be talking about the optimism and promise of fixing the challenges of our child welfare system,” Stuart said.
He later said, “I pray I’m wrong. I pray the solutions come from the wisdom of this body. But I haven’t seen it yet. Haven’t seen it at all.”
Six members of the committee voted for the bill.
Eight were opposed.
“The bill is defeated,” Stuart said. “Next item on the agenda.”