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A multi-year lawsuit against West Virginia’s child welfare system that was dismissed last year will proceed after a higher court ruling this week.
The lawsuit was brought by 12 minors in 2019. They were granted class action status in 2023 and now represent more than 6,000 foster children in West Virginia.
U.S. District Judge Joseph Goodwin said state government is to blame for “inaction, bureaucratic indifference, shocking neglect, and temporary fixes” in its child welfare system. But he dismissed the case last year, saying that, as a federal judge, he lacked jurisdiction to address problems in the foster care system.
The Fourth Circuit Court of Appeals on Thursday disagreed, saying, “Federal courts not only have the authority, but also a duty, to remedy systemic constitutional rights violations.”
Attorney Rich Shaffer said part of what those in the system want is accountability.
“We want measures that you can put into place to say that when a child enters a system, there has to be time frame by which certain things happen,” Shaffer said. “We want to make sure that their files are being touched every so often, that there are certain visits that are happening every so often, that they’re in front of the courts every so often. Some of those things exist, but there’s no control, there’s no monitoring of it.”
There is no word on when the case might head back to court for trial.