Justice: Laws need to be changed on child abuse disclosure, but hands are tied federally | News, sports, jobs

photo by: West Virginia Legislative Photography

Dr. Cynthia Persily, secretary of the West Virginia Department of Human Services, speaks with lawmakers in December 2023. This week, Persily issued a statement saying there is no information about the death of a 14-year-old girl in Boone County, or any information about the death of a 14-year-old girl in Boone County. previous investigations into the case would be released.

CHARLESTON — Gov. Jim Justice said Tuesday that while he would support changing state laws to ease restrictions on the type of information West Virginia human resources officials can release when it comes to the death of a child, federal laws also tie their hands .

During his weekly government briefing Tuesday from the State Capitol Building, Justice confirmed that Child Protective Service (CPS) employees within the state Department of Human Services were unaware of the circumstances behind the death of a 14-year-old girl in Boone County after law enforcement officers found her in what they called a “skeletal state” due to years of malnutrition.

“From what I understand, the CPS people had no idea about this child, no idea whatsoever,” Justice said.

The child’s mother, 49-year-old Julie Anne Stone Miller, was charged last week with child neglect resulting in death. According to a criminal complaint filed by the Boone County Sheriff’s Department, the child was found “emaciated to a skeletal condition.”

According to interviews with family members, the child had been going to and from school since 2019 and had not been eating consistently for months and even years. More charges could be filed as emergency services continue their investigation.

“This is a tragedy that is unthinkable… but these things happen,” Justice said. “Really, we have a lot of people who may have known about this child.”

The governor’s revelation about CPS came a day after DoHS Cabinet Secretary Cynthia Persily issued a statement expressing regret over the child’s death but saying there was no information about the girl or any ongoing previous investigations would be released by the ministry.

Persily cited State Code 49-5-101, which states that “…all records and information about a child or youth maintained by the Department of Corrections and Rehabilitation, the Department of Human Services, a children’s agency or institution, or a court or law enforcement agencies , are confidential and may not be released or disclosed to anyone, including federal or state authorities.”

“Confidential reporting of child abuse and neglect is a cornerstone of the effectiveness of our system and the work we do to prevent abuse and neglect,” Persily said. “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 about abuse and negligence to intervene and report on behalf of children who danger, without fear of reprisal.”

Organizations advocating for the protection of children have called on the governor and lawmakers to change the state code to allow the release of non-identifying information about child abuse or child deaths so that CPS can follow up on complaints.

“Would I be in favor of legislative changes that might make the flow of information more constructive? Sure, I would,” Justice said. “From a legal standpoint, you have federal laws that impose restrictions and result in some of these things being so confidential, it’s unbelievable. I can’t talk to you about that.”

The federal Child Abuse Prevention and Treatment Act (CAPTA) requires states to maintain the confidentiality of reports of child abuse and neglect to protect the rights of children and parents/guardians. But it does allow states to allow limited access to information as long as government officials ensure the safety and well-being of children and parents/guardians.

Justice encouraged people to report cases of suspected child abuse and neglect through the West Virginia Child Abuse Hotline number, 1-800-352-6513.

“Really, this is nothing more than being diligent in all aspects from the standpoint of whether you see someone who looks suspicious or whether there might be something going on. Speak up and tell us about all of this,” Justice said. “What happened here is incredibly horrible. It’s horrible, it’s completely horrible. What do we do to ensure this doesn’t happen again? More money for additional staff and resources.”

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