West Virginia Department of Human Services stonewalls on disclosure in Boone County child death (2024)

West Virginia Department of Health and Human Resources Cabinet Secretary Cynthia Persily (Photo Provided)

CHARLESTON – The leader of the West Virginia department that overseas child abuse investigations says state law allows her to bar release of a broad range of information, including whether Child Protective Services workers ever responded to calls to a Boone County home where a child was found dead last week.In a statement released Monday afternoon, Department of Health and Human Resources Cabinet Secretary Cynthia Persily said state and federal laws limit certain kinds of information regarding the reporting of abuse and neglect of children.“CPS staff adhere to stringent policies and procedures outlined in State and Federal law to ensure that every report of abuse or neglect is thoroughly assessed and investigated with the utmost care and diligence,” Persily said. “Confidential reporting of child abuse and neglect is a keystone to the efficacy of our system and the work we do to prevent abuse and neglect,” Persily continued. “It is essential to recognize that confidentiality protocols, mandated by both State and Federal law, are designed and implemented to encourage those with knowledge and information of abuse and neglect to intervene and report on behalf of children at risk without the fear of reprisals.”WCHS-TV reported that week that Boone County resident Julie Anne Stone Miller, 49, was charged with child neglect causing death after her 14-year-old daughter was found dead in her home. According to a criminal complaint filed by the Boone County Sheriff’s Department, the child was found “emaciated to a skeletal state.” According to interviews with family members, the child had been in and out of school since 2019 and had not been eating consistently for months and even years.Several news organizations – including WCHS-TV and West Virginia Watch – had been seeking information from Child Protective Services regarding whether CPS workers had ever been to the family’s home over the last five years, if any complaints had been filed, or if there were completed investigations.“We are deeply saddened by this tragic situation, and our thoughts are with those affected by this heartbreaking loss,” Persily said. “During this difficult time, it is critical that we assess the complex circ*mstances giving rise to such tragedies in a deliberative, thoughtful, and cautious way. A rush to conclusions and the assignment of blame only serve to hinder our understanding and slow our ability as a community to develop good policy to limit such horrors in the future.”DoHS cites State Code 49-5-101, which states that “…all records and information concerning a child or juvenile which are maintained by the Division of Corrections and Rehabilitation, the Department of Human Services, a child agency or facility, or court or law-enforcement agency, are confidential and may not be released or disclosed to anyone, including any federal or state agency.” DoHS, one of three new departments that were once part of the former Department of Health and Human Resources, has come under scrutiny over the last several years due to multiple incidents involving child abuse and what appears to be CPS dropping the ball on investigating claims. Last October, parents of two children were arrested near Sissonville for alleged child abuse after their children were found in cages in a shed. West Virginia Watch reported that CPS knew of the issues with the children as early as August of last year. Legislative auditors found five years ago that CPS failed to investigate half of allegations reported to the agency in the required 14-day time frame.Advocates for children in the state believe State Code 49-5-101 is far too broad, preventing the release of information regarding the handling of CPS cases even when no personally identifiable information is being sought. Kelli Caseman, the executive director of ThinkKids, said on social media Monday that the public needs to know whether CPS is even responding at all to cases, such as the Boone County case.“The child in question was missing from school for (two) years,” Caseman said. “Family members are openly telling the media that they repeatedly called CPS/police (and) nothing happened. The public has every right to demand answers from (CPS).”The House of Delegates passed House Bill 4595 during the 2024 legislative session in a unanimous vote. The bill would have allowed the Legislative Oversight Commission on Health and Human Resources Accountability (LOCHHRA) to meet in executive session to hear details of specific cases, including CPS cases. But the bill was never taken up by the state Senate.“In light of our community’s most recent devastating loss of life, it is crucial to understand that CPS cannot prevent every instance of abuse or neglect,” Persily said. “It is also important for the people of our state to know that CPS strives diligently to investigate every qualified report and intervene within our legal authority and statutory mandate to protect our youngest and most vulnerable citizens. “DoHS remains steadfast in its commitment to addressing child abuse throughout West Virginia and urges residents to report any suspected cases to our Centralized Intake for Abuse and Neglect hotline,” Persily said. “Let us honor the memory of this young victim by supporting the tireless efforts of our CPS workers and working together as a community to create a safer environment for all children.”Steven Allen Adams can be reached at sadams@newsandsentinel.com

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