Inspector General: 91% Of W.Va. Child Abuse Cases Out Of Compliance

A federal audit of West Virginia Department of Human Services, Bureau for Social Services’s (BSS) management of child abuse and neglect cases shows the state’s response is not in line with federal requirements. 

The U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) conducted the audit in part as a response to the death of 14-year-old Kyneddi Miller in Boone County last year. West Virginia was also chosen because of reports that the state’s Child Protective Services (CPS) workforce is overburdened and has for years failed to investigate around half of child abuse reports in the required time frame.

The audit is part of a series that examines states’ compliance with Child Abuse Prevention and Treatment Act’s (CAPTA) requirements for the intake, assessment, screening and investigation of reports of child abuse and neglect. CAPTA provides funds to assist states in child abuse and neglect prevention, assessment, investigation, prosecution and treatment activities.

Of the 100 reports chosen for the audit, 91 percent were not in compliance with at least 1 CAPTA requirement.

More than 40 of the sample reports had incomplete interviews with children and adults and more than 60 reports did not complete initial assessments within 30 days of receiving a referral.

The report states that:

“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.”

The Office of Inspector General made four recommendations:

• 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;
  
  
• 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 written comments on the OIG’s draft report, BSS concurred with recommendations and described the actions that it has taken or plans to take to address them. The report concludes by commending BSS for the actions it has taken and plans to take to address the recommendations.

The OIG expects updates on the recommendations by March of next year.

The West Virginia Legislature has attempted to address such issues in recent years, but bills to create a critical incident review team or increase caseworker training have stalled in committee. 

Mike Stuart, former state senator for Kanawha, was confirmed as HHS general counsel by Congress in October.