Troubled Teens Sent Out-Of-State, CPS Shortages Falling But Still Present

Legislators learned Monday there are more than 300 teens in out-of-state facilities because there’s no place to house them in West Virginia and there are approximately 83 vacancies in the state’s Child and Adult Protective Services 

Legislators learned Monday there are more than 300 teens in out-of-state facilities because there’s no place to house them in West Virginia, and there are approximately 83 vacancies in the state’s Child and Adult Protective Services. 

Facilities For Violent Teens

The West Virginia Legislature’s Joint Committee on the Judiciary heard testimony Monday from Judge Steve Redding from the 23rd Judicial Court in Berkeley County. He told the committee one of the biggest problems he faces as a judge is there is no in-state facility to handle violent or out of control teens in West Virginia. 

This creates an untenable situation where it’s too dangerous to leave the child in the community, but no in-state facility will accept them,” he said. “This creates an unnecessary delay in obtaining permanency for the children in our care. And studies have demonstrated that the longer it takes to obtain permanent permanency, the more difficult it becomes for that child to become a stable, functioning adult.”

Redding explained that sending children to out-of-state facilities is the last and final option. 

“The court in almost every case begins by ordering wraparound community services in the home,” he said. “If that’s unsuccessful, and the child continues to commit offenses, use drugs or otherwise places his or herself and others in danger, we look to the least restrictive in-state placement.”

He explained that some children exhibit behaviors that are so out of control and dangerous that no in-state facility will accept them. He said the courts waste time requiring the department to exhaust all in-state possibilities prior to ordering that out-of-state referrals be made when they already know there are no in-state providers that can accept these children. 

“These are typically children that are violent, or committed sexual offenses,” Redding said. “For a child 14 years or older, who is competent, we have the ability to place that child in detention until a bed is available in order to keep the child’s family and the community safe. For those children under the age of 14, or those 14 and over that are intellectually delayed, on the spectrum or are suffering from significant mental health issues, they are deemed incompetent to stand trial.”

Redding said the law prohibits the court from placing those youth in detention. 

Jeffrey Pack, the commissioner for the Bureau for Social Services, confirmed there are 320 violent West Virginia teens in out-of-state facilities. 

Both men agreed that the state legislature should look into establishing an in-state facility to work with these troubled youths.

Ongoing Staffing Shortages

Pack also gave the legislators an update on where things stand with the staffing issues with Child and Adult Protective Services. 

During the last regular session, the legislature passed Senate Bill 273 that reallocated Child Protective Services workers based on county population as well as established pay raises and incentives for CPS and Adult Protective Services workers to stay on the job. That included pay raises as well as retention bonuses for employees who stay on the job. The five percent raises take effect at two, four, six and eight years. 

Additionally, the starting salary for CPS workers in the Eastern Panhandle was raised to $50,000 to compete with neighboring states.

Pack explained even though the changes are already in place, the agency hasn’t necessarily seen the benefits yet as it takes time to hire, train and prepare new employees to do their job. 

Each new employee must complete 240 hours of training, spread out across 11 weeks and then they go through eight weeks of slowly stepped up caseloads covering two to three cases per week before taking on a full caseload. Pack said it will take about a year from the implementation of the new initiatives to see the positive effect.

Vacancies are being filled, however. 

Over the summer, Pack said the bureau’s vacancy rate had been reduced from 31 percent in January to 19 percent as of June 2023. Monday he reported that the agency has a 16 percent vacancy rate. Of the agency’s 518 staffers, that leaves approximately 83 openings to be filled. 

CPS System Severely Understaffed In West Virginia

The Child Protective Services (CPS) system in West Virginia is struggling with a severe lack of staff, Commissioner Jeff Pack told the Joint Committee on Children and Families of the West Virginia Legislature earlier this week.

Pack is the commissioner of the Bureau of Social Services at West Virginia Department of Health and Human Resources. He is also a former member of the legislature. Pack took over the bureau at the beginning of August. When he began his testimony, he told the committee members he wasn’t going to sugar coat the problem.

Overall 27 percent of jobs at CPS are unfilled. The positions are there, but no one wants them. Some individual counties are much higher. Calhoun, Jackson, Mason, McDowell, Kanawha, Hampshire, Hardy and Pendleton counties have between 40 to 50 percent vacancy rate.

Additionally, 15 percent of the jobs in the Centralized Intake department are unfilled. That’s the staff that receives the abuse and neglect calls first and then determines whether to send the calls on to CPS workers in the counties.

Candidly, that’s untenable” Pack said. “I don’t know how we continue to operate at that particular rate. If you’re a CPS worker and you’re supposed to have 12 cases, well, now you’ve got 24.”

Pack said the state has approximately 400 CPS workers currently working in the state. He noted that over the last decade, the number of children in state custody has doubled from approximately 3,500 to 7,000.

Pack acknowledged that he gets complaints about the system, but said most of those employees are doing a difficult job.

“They do a job that I couldn’t do and I don’t know that I’d want to do,” he said. “It’s not at all a pleasant job. And most of these folks do a fabulous job.”

Following Pack’s testimony, the committee brought on Sarah Peters, a dental hygienist at Greenbrier Valley Pediatric Dentistry in Lewisburg. She told the committee about a situation where the system failed.

She explained that she noticed a large bruise on a patient. She took a photo of the bruise and called the CPS hotline. After delivering some basic information, she said the person on the other end of the line abruptly cut off the call. That was August 10, 2020.

Peters said she got a letter printed the same day as the call telling her the case was closed and that it did not meet a legal definition of abused or neglected child. There was no investigation.

On Dec. 8 of that year, the mother who had custody of the child murdered each of her five children and step-children, committed suicide and burned down the house with the bodies inside.

Michael Spradlin, a retired West Virginia State trooper and investigator, looked into the case. From his investigation, he determined there had been a history of abuse in the home for months leading up to, and after, Peters’ call.

“Almost four months to the day (of the call), they’re murdered,” he said.

Visibly upset during his testimony, Spradlin said he had grandchildren the same age as the children who were murdered. He said there must be changes in the way we look at cases like this.

“We’ve got to know what probable cause is,” he said. “If it had been someone showing up at the police station with the bruise that would have been probable cause to proceed. We just want answers. That’s all we want. We want an expert explanation, whatever that explanation is, we can live with it. And we will improve the system.”

Lt. Col. David Nelson of the West Virginia State Police testified that he had worked with CPS and centralized intake to rectify some of the problems with the system. And, he said, he had seen changes to make him believe things were better.

But, he said, when he polled his senior staff about CPS and asked if there were still problems, he said he said some of the captains in the field said yes.

“I really honestly want to work with all involved to make sure what Mr. Spradlin said doesn’t happen again,” Nelson said. “That’s our main goal.”

Rebecca Carson, the director of Centralized Intake was the final speaker to address the committee. She explained that her employees take referrals 24-hours-a-day, year round. Every person answering calls is a licensed social worker who has had a 16-week training course in child welfare and DHHR policies and protocols.

She described a set of peer review protocols in place to make sure problems like those described by Peters and Spradlin don’t happen.

“Those kinds of checks and balances are not 100 percent foolproof, but they are in place so that we don’t make a catastrophic mistake — or even a small one,” she said. “We don’t want to leave any kid or vulnerable adult in an unsafe situation.”

As of October 2021, the department records every phone call that comes into Centralized Intake.

She noted, in closing, that Centralized Intake recently did a study of its cases with a federal group. The study looked at referrals that were accepted and screened out, and then looked at the next 120 days to see if those referrals were substantiated or if a case was opened.

She said only 0.7 percent of cases that were screened out were returned to the system within 121 days and resulted in an open case or a CPS finding. The group conducting the study indicated that was consistent with the other states they’ve studied.

Time ran out before the members of the committee could ask any questions of the speakers. Sen. Patricia Rucker, (R-Jefferson) the chairwoman of the committee, indicated that all of the speakers would be asked to come back to a follow-up meeting.

Pack Appointed To Lead W.Va. Bureau For Social Services

West Virginia Del. Jeffrey Pack, who has been chair of the Health and Human Resources Committee, has been appointed to be commissioner of the new Bureau for Social Services, officials said.

Pack’s appointment is effective Aug. 2. He will resign his position in the House of Delegates, where he represents Raleigh County, before joining the state Department of Health and Human Resources, the agency said in a news release.

Health and Human Resources Secretary Bill J. Crouch announced Pack’s appointment Thursday.

Pack was first appointed to the House in 2018 and then elected for two two-year terms.

Linda Watts, commissioner of the Bureau for Children and Families, retired on July 16 after 16 years of service to the state, the release said.

The agency is also looking for a commissioner of the newly created Bureau for Family Assistance, which along with the Bureau for Social Services, will replace the former Bureau for Children and Families.

Jeffrey Pack Appointed to Fill House of Delegates Vacancy

Gov. Jim Justice has filled a vacancy in West Virginia’s House of Delegates.

Justice announced Thursday that he has appointed Jeffrey M. Pack to fill a 28th District vacancy created when Republican John O’Neal accepted a position as a legislative liaison with the Justice administration.

According to the governor’s office, Pack lives in Cool Ridge and is employed with a pest control company.

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