A federal judge says there will be no more delay in a class action lawsuit over West Virginia’s foster care system that was first filed in 2019.
U.S. District Judge Joseph Goodwin denied a request by attorneys for the State of West Virginia to stay the proceedings, ruling that further delays would risk continued harm to vulnerable youth.
“The allegations of constitutional violations, institutional failure, and harm to children in State custody are serious, in some cases extreme, and another delay in these proceedings risks further abuses before this court has had an opportunity to consider the claims presented,” Goodwin wrote in an order.
The timetable has been in question because the case has bounced back and forth in the court system.
Last year, Goodwin dismissed the case, concluding the federal court system does not have the jurisdiction to set the kind of detailed policies that are properly carried out by the other branches of government.
Last month, a panel on the Fourth Circuit Court of Appeals reversed the dismissal and sent the case back to Goodwin.
Then, the West Virginia Attorney General entered a motion for stay. The lawyers representing state government wanted the judge to pause court proceedings, or at least additional discovery, because they intend to file an appeal to the U.S. Supreme Court.
Goodwin, today, said no to any more delay. Because the previous collected evidence is now outdated, the judge also allowed additional discovery.
A new litigation schedule has been set, culminating with a bench trial scheduled for March 2027.
“As already observed, this case began seven years ago and has been mired with delay,” Goodwin wrote. “And while Defendants are certainly entitled to seek further review of important constitutional questions, they cannot continue to stall this litigation.”
The foster care lawsuit was filed in 2019 on behalf of thousands of children.
The lawsuit alleged rampant issues with institutionalization for children, placement outside of West Virginia, too few available community-based mental health services and overextended caseworkers.
“They allege that Defendants, state executives, violated constitutional and statutory rights by the state’s policies and practices regarding foster care,” Goodwin wrote.
“The Plaintiffs’ depiction of the foster care system is bleak, dysfunctional, underfunded, and in violation of the United States Constitution and West Virginia law.”
West Virginia has long had a crisis involving children being removed from their homes. The dashboard maintained by the state shows 5,890 child welfare placements currently.
Lawyers for the State of West Virginia have contended the state has steadily improved its child welfare system to the point of undermining the plaintiffs’ allegations.
The suit was filed by A Better Childhood, a national child advocacy organization, Disability Rights West Virginia and Shaffer and Shaffer, a West Virginia law firm.
“We are eager for the chance to prove that children’s basic, fundamental rights continue to be violated by the rampant and ongoing systemic problems in the state’s foster care system,” said Marcia Lowry, executive director of A Better Childhood.
“The district judge has recognized that a new standard needs to be applied, and the decision from the Appellate court has firmly made clear that federal courts have the mandate to act when those violations are proven.”