Feds find that 91% of child abuse reports in WV are out of compliance

By Stephen Baldwin, RealWV 

A federal audit says that state workers placed the health and safety of children at risk because they didn’t have time or enough staff to follow proper procedures. 

In data covering October 1, 2023, through September 30, 2024, during the administration of then-Governor Jim Justice, the Office of Inspector General of Health and Human Services found that 91 out of 100 cases of reported child abuse were out of compliance with standard practices. 

The audit was spurred by the death of 14 year-old Kennedi Miller, who was found in a “near skeletal state” inside her home. Officers said they referred the teenager to Child Protective Services prior to her tragic death, but CPS says they never received a call.

All child abuse reports are sent to a central phone number staffed by state health employees who can refer those calls on for further investigation or determine no action is necessary. That process is the subject of the new audit.

The first sentence in the “Findings” section of the report says, “BSS (Bureau for Social Services) complied with requirements for the intake, screening, assessment, and investigation of reports of child abuse and neglect for 9 of the 100 screened-in family reports in our sample but did not comply with all State requirements for the remaining 91 reports.”

Why were so many reports done incorrectly?

The auditors pointed to staffing shortages.

“BSS officials stated these procedures were not always followed because child welfare workers, who were carrying higher caseload due to staffing shortages, prioritized conducting child interviews over administrative functions such as sending out notification letters to parents or caregivers. Failure to comply with requirements places the children’s health and safety at risk. In addition, BSS stated that it is difficult to retain staff and fill vacant positions, which contributed to the higher caseloads.”

As the above graphic shows, caseworkers failed to send notification letters to involved parties when abuse is reported 74% of the time, failed to complete initial assessments within 30 days 61% of the time, interviews with children or adults were not completed as required 41% of the time, mandated reporters were not told whether abuse had been substantiated 41% of the time, a safety plan was not completed 9% of the time, and risk assessments were not completed as required 8% of the time. 

Drilling down on initial assessment data, auditors found that, “for 61 reports, initial assessments were between 1 and 496 days late.”

What took so long? 

“Initial assessments were not completed timely due to multiple reasons. BSS officials indicated that during our audit period, staff retention, staffing shortages, and child welfare workers West Virginia’s Child Abuse Prevention and Treatment Act Grant (OAS-25-01-011) 11 having to manage high caseloads contributed to not completing initial assessments timely. Failure to complete initial assessments within the 30-day required timeframe could place children at risk. Reports that take too long to investigate may result in continued child abuse or neglect of the victim.” 

To read the full report, click here.

Recommendations & Response

In light of the audit, HHS made four recommendations to health officials in West Virginia. They include: 

• Take appropriate steps to ensure child welfare workers perform all required procedures within the intake assessment and the initial assessment processes as required;

• Provide training to supervisors on the requirement to notify mandated reporters of whether the referral was accepted for assessment or screened out;

• Develop a new system edit to prevent an incorrect safety assessment decision based on the impending safety threats selected; and

• Develop written policies and procedures that include a requirement for supervisors to monitor: child welfare worker progress to ensure interviews with children and adults are conducted as required, and aging reports on a weekly basis to promptly identify delays in closing out the initial assessment within 30 days as required.

In a letter from Deputy Commissioner of BSS Kendra Boley-Rogers, concurred with all four recommendations and said they would work to implement them.

RealWV contacted BSS to request an interview about the recommendations related to child abuse reports. We were told no one was available at the time to discuss the matter.

A statement sent later by Angelica Hightower, Communications Specialist for the Department of Human Services, said, “Since assuming office, Governor Patrick Morrisey and DoHS leadership have launched an aggressive transformation of the child welfare system, one that addresses the very issues highlighted in the report and, in many cases, goes well beyond federal expectations.”

As of today, the WV Child Welfare Dashboard shows that 6.3% of all child abuse reports are substantiated.