DoHS Secretary Issues Statement on Recent Criminal Case
4/22/2024
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In light of the recent tragic death of a minor, West Virginia Department of Human Services (DoHS) Cabinet Secretary, Cynthia Persily, Ph.D., released the following statement:
“We are deeply saddened by this tragic situation, and our thoughts are with those affected by this heartbreaking loss.
During this difficult time, it is critical that we assess the complex circumstances 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.
Our dedicated CPS staff work tirelessly on the front lines each and every day, often under very challenging circumstances, to protect vulnerable children and families across our state. 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. 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. 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. State and Federal confidentiality laws are vital to preserving the integrity of investigations, prevent malicious misuse of the system, and to safeguard the privacy rights of children and their families.
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. 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.
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.”
Per WV Code §49-5-101, all records and information concerning a child or juvenile that are maintained by DoHS, 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. Information related to child abuse or neglect proceedings shall be made available upon request to federal, state, or local government entities having a need for that information in order to carry out their responsibilities under law to protect children from abuse and neglect.
In general, federal law, including but not limited to the Child Abuse Prevention and Treatment Act (CAPTA), also requires that the State preserve the confidentiality of all child abuse and neglect reports and records in order to protect the rights of the child and the child's parents or guardians (section 106(b)(2)(B)(viii) of CAPTA). CAPTA allows the State to release information only to certain individuals and entities and under very limited circumstances. Even then, authorized recipients of confidential child abuse and neglect information are bound by the same confidentiality restrictions as the child protective services agency and the recipients of such information must use the information only for activities related to the prevention and treatment of child abuse and neglect.
The role of DoHS's CPS is to investigate allegations of abuse and neglect when the allegations are against a parent, guardian, or custodian. Child safety is paramount in all CPS investigations. CPS policy and Chapter 49 of the West Virginia Code require that any report alleging abuse or neglect of children is to be investigated/assessed by DoHS. When a report is received by DoHS's abuse and neglect hotline, also known as Centralized Intake for Abuse and Neglect, the intake worker asks a series of questions. Once all information is gathered, it is then routed to an intake supervisor who reviews it to ensure it meets the statutory definition for abuse or neglect. If the report does not meet the definition, it is then screened out. If the report does meet the definition of abuse or neglect, the allegations are investigated/assessed by a district CPS worker where the family resides.
CPS policy requires the assigned worker to complete a thorough investigation/assessment of the allegations and interview all household members separately, beginning with the children. CPS policy also requires the worker to gather collateral information from others who may have knowledge about the family such as neighbors, family members, school personnel, etc. See section 3 Intake Assessment and section 4 Initial Assessment of CPS policy for more details on this process: CPS Policy June 2023 (wv.gov).
DoHS is committed to preventing child abuse throughout West Virginia to ensure every child can live their best life, free from abuse and neglect. To report suspected child abuse or neglect, residents are encouraged to call DoHS’s Centralized Intake for Abuse and Neglect hotline (24/7) at 1-800-352-6513. Contact Information
DoHSCommunications@wv.gov