Senate Passes Bill To Increase Foster Care Accountability

The Senate passed a bill that adds accountability and transparency to state run foster facilities. Senate Bill 474 creates a new incident review team to review an incident or death of a child under the care of the Department of Human Services (DHS).

The Senate passed a bill that adds accountability and transparency to state run foster facilities. 

Senate Bill 474 creates a new incident review team to review an incident or death of a child under the care of the Department of Human Services (DHS) — formerly part of the Department of Health and Human Resources (DHHR) — or in the care of someone who has worked with DHS within the last 12 months. 

One of the sponsors of the bill, Senate Minority Leader Mike Woelfel, D-Cabell, said he hopes this is part of a new day for accountability of DHS. 

“So what we’re trying to do is get to best practices,” Woelfel said. “That is, how did this child die? What were the circumstances? And if you look at the bill, we have seven different members on this team with different backgrounds. So I really think it’s a way we can get to best practices.”

He said he is optimistic that after the breaking up of the DHHR and the implementation of new leadership in the system that works with children in foster care and courts will work better than before.

“It’s not a punitive measure. This is a remedial measure,” he said. “I want to make sure that if something does happen to a child, one of our most vulnerable citizens, that we remediate that situation so that it’s not replicated.”

The Senate passed other notable bills to outlaw patient brokering, a bill to protect health care workers privacy, and a law pertaining to Canadian domestic violence offenders. 

Senate Bill 475 seeks to outlaw patient brokering by some drug rehabilitation organizations in the state. Woelfel said that patient brokering can lead to human trafficking in the state and that many patients at recovery facilities can be asked to work for free or have their entitlement programs abused by the facility. 

Patient brokering is — I’ll give you an example,” he said. “Patient brokering is where you drive on a bus from East St. Louis, Illinois, you load it up, and you move it to West Virginia. And you bring all those folks in here convicted felons, and you exploit them. And when the benefits are gone, they’re out on the street with no way home. And obviously, there’s a likelihood of relapse. So we see patient brokering addressed in this bill. And we see human trafficking addressed in the bill, which is real.” 

Many health care workers’ license information is available online and some of that information can contain highly personal information like someone’s personal phone number or home address. 

Senate Bill 477 would remove some of health care workers’ personal information from state websites. 

One of the authors of that bill, Senate Majority Leader Tom Takubo, R-Kanawha, said the bill would keep health care workers safer, and reduce the amount of threats doctors in the state receive on their personal phones, or at their homes. 

“I mean, we see it all the time where people are showing up, that have psychiatric illness to the darker tones, and threaten their families or threaten the nurses,” Takubo said. “It just protects their homes. They’ll still have their workplaces and that’s on the list obviously, but not their personal homes.” 

House Bill 4252, or the Uniform Recognition and Enforcement of Canadian Domestic Violence Protective Orders Act, also passed in the Senate with four nay votes and now heads to the governor for his consideration.

U.S. Attorney: Firearms Used In Most Domestic Violence Deaths

Nearly one in four women, and one in seven men, will experience severe domestic abuse in their lifetime and 20 percent of all violent crime is categorized as domestic violence. 

Nearly one in four women, and one in seven men, will experience severe domestic abuse in their lifetime and 20 percent of all violent crime is categorized as domestic violence. 

In support of Domestic Violence Awareness Month (DVAM), Will Thompson, U.S. Attorney for the Southern District of West Virginia, is promoting the importance of enforcing federal firearm prohibitions.

Domestic violence abusers with access to a gun are five times more likely to kill their partners, according to the 2021 National Crime Victimization Survey data from the Bureau of Justice Statistics.

“Domestic violence affects us all personally in some way, and can have long-lasting impacts and consequences,” Thompson said. “As federal prosecutors in the Southern District of West Virginia, it is incumbent upon us to deploy every available resource and forge strategic collaborations with local law enforcement and fellow prosecutors. We have a shared responsibility to ensure that victims have a viable path to safety and justice.”

Thompson is promoting the importance of enforcing federal firearm prohibitions as part of the observance of DVAM.

In West Virginia, 14 of the 19 domestic violence homicides reported in 2020 were committed with firearms. Domestic violence abusers with access to a gun are five times more likely to kill their partners. 

Under federal law, offenders with domestic violence misdemeanor and felony convictions, and those subject to domestic violence protective orders, are prohibited from purchasing or possessing firearms. They can face felony prosecution and a federal prison sentence.

“A crucial part of combatting domestic violence and reducing violent crimes includes enforcing federal firearm prohibitions,” Thompson said. “We want our communities to know that we are here to support victims and survivors in the Southern District of West Virginia, and not just in October but every month.”

If you or someone you know is a victim of domestic violence or need resources, please visit: https://www.justice.gov/ovw/local-resources.

Immediate help for domestic violence victims: Call the National Domestic Violence Hotline (@ndvhofficial) at 1-800-799-7233 or Strong Hearts Native Helpline (@strongheartsdv) at 1-844-762-8483.

Capito Testifies In Support of Reauthorizing The Violence Against Women Act

The Violence Against Women Act, also known as VAWA, was originally passed with bipartisan support in 1994. It provides resources for victims of domestic abuse and sexual violence, and has been reauthorized several times since then.

The law lapsed at the end of 2018. Reauthorizations passed the U.S. House of Representatives in 2019 and 2021. But it has not passed the U.S. Senate.

Sen. Shelley Moore Capito addressed the Senate Judiciary Committee Tuesday to support the act.

“Ending domestic violence and other VAWA-related crimes has been a priority of mine since I became a senator, but also as a congresswoman,” she testified. “As a matter of fact, the first time I ever came over to the senate was to join with then-Senator Biden to celebrate one of the reauthorizations in the early 2000s.

But she noted that she wants it to reflect the needs of her home state.

One of my concerns is that VAWA formulas need updating to better reflect our nation’s rural populations,” she said. “I’m also concerned about the plight of service providers who are struggling to recover economically, post-Covid. They need our help now, more than ever. “

Congress continues to fund related programs despite the lack of authorization.

Capito urged the Department of Justice to “update, to the maximum extent possible, its allocation methods to better reflect the needs of rural and remote areas, where many victims have unique challenges to reporting these crimes and seeking assistance.”

Advocates want the law updated. One key sticking point is closing the “boyfriend loophole.” That prevents people convicted of stalking or abusing a non-spouse partner from obtaining firearms.

Historically, VAWA has reportedly decreased domestic violence for women by 70 percent with a 50 percent increase in victims reporting crimes, according to information presented during the hearing.

But, numbers are beginning to rise again. Ninety-two percent of women murdered in 2018 were killed by men they knew.

Sen. Dick Durbin, a Democrat from Illinois who chairs the committee, noted that COVID-19 has only made the issue worse.

“Over the past 18 months, many survivors have been isolated at home with an abuser,” he said. “Police departments throughout the country have also reported a spike in arrests and calls related to domestic violence. In my home state of Illinois, our domestic violence hotline experienced a 16 percent increase in calls in 2020.”

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