W.Va. Senate Judiciary Advances Foster Care Bill After Stripping House-Requested Funding

A committee in the West Virginia Senate has passed a bipartisan bill from the House of Delegates that would reform the foster care system, but not without significant amendments to the bill’s financial items. 

House Bill 4092, as amended by the Senate Judiciary Committee Tuesday night, provides at least $4 million to the Department of Health and Human Resources to implement a tiered system of per diem payments to certified foster parents and kinship caregivers. 

That tiered system would “provide higher payments for foster parents providing care to, and child placing agencies providing services to, foster children who have severe emotional, behavioral or intellectual problems or disabilities.”  

Children with greater needs like these and older children are the hardest to place, according to Watts, and often they end up in group home or residential facilities.

“What we heard from families [is], families are willing to take older children,” Linda Watts, commissioner of the Bureau for Children and Families, said Tuesday to the Senate Judiciary Committee. “But they need a little bit more money to do that and, in addition, they need support.”

Previously, the bill increased monthly payments to caregivers from $600 to a minimum of $900, for foster care children of all ages and needs. According to financial estimates from the state DHHR, which oversees Watts’ bureau and the foster care system, those increases would cost the state an additional $3.6 million in 2021. 

The DHHR says all of the fiscal items in the House version of the bill would cost in total roughly $16.9 million more from the state. DHHR representatives said Tuesday night they’ll have to assemble new fiscal information for the Senate Judiciary Committee’s updates. 

Additional changes to the bill by the Senate Judiciary Committee also focused on rights that would be granted to foster care children and their caregivers. 

Sen. Mike Woelfel, D-Cabell, said Tuesday he supported changes to the foster parents bill of rights. He told other senators on the committee he supported removing portions of the original House bill that  risked creating a “cause of action” for parents to easily sue the state for money, property or other damages. 

Most of the night’s debate was centered around the funding impacts. Sen. Glenn Jeffries, D-Putnam, made a motion to return the original funding to the bill, as approved by the House of Delegates.

The amendment ultimately failed along party lines, 6-10. 

“We have money for everything else around here,” Woelfel said, who voted in favor of reinstating the House-requested dollars. “We always find the money when we need it. But there aren’t too many lobbyists out here for these little foster kids.”

During the committee’s debate on the amendment from Jeffries, Sen. Stephen Baldwin, D-Greenbrier, called Del. Jeffrey Pack, R-Raleigh, to testify to the committee. 

Pack is a co-sponsor on the bill and serves as vice chair of the House Health and Human Resources Committee.

Before passing the full House of Delegates nearly unanimously, the bill passed three House committees with favorable recommendations. 

Pack told Senators he and other delegates drafted House Bill 4092 over the interim session, after considering various complaints from foster families regarding a lack of services available and financial support.

“We considered that we could best address both services and the per diem rate, in a nutshell,” Pack said. “So, what we did was, through a series of discussions, we decided to increase the funding per diem to the child placing agencies.”

In addition to increasing monthly payments to foster families, the DHHR said House Bill 4092 — as originally written — would’ve cost the state an additional $7.5 million for an increase in daily amounts provided to foster child-placing agencies.

According to Pack, that proposed increase was to help these agencies set up support services for foster families that the DHHR cannot. 

He added the $900 amount was only the minimum for what the House wanted families to receive.

“We understand some children require higher imbursement rates because of exceptionalities, or they’re harder to place,” Pack told members of the Senate Judiciary Committee. 

Sen. Ryan Weld, R-Brooke, opposed the amendment from Jeffries to reinstate the House’s $16.9 million funding. He said he thought the Senate Finance Committee would be more qualified to consider the financial aspects of the bill.

“So why did the Judiciary find it in its purview … to remove that funding in the first place?” Baldwin asked Weld. “It came to us with specific amounts, and you said it was best for the [Senate] Finance Committee to deal with the numbers, but we took the numbers out and added new numbers. I don’t understand how that fits within the framework of what you are saying.”

“No,” Weld replied. “No one’s saying that these children aren’t going to receive money for these programs. What I did say — and I think it was taken out of context and misconstrued — was that the financial side of this can be dealt with within the Finance Committee.” 

“I’m not against giving increases to kinship relatives, or to the foster care providers,” Watts told senators Tuesday night. “I’m not against an increase. I’m not sure the amount that was set [in the original version of the bill] will get us the building of services that we need for the older kids.”

DHHR Deputy Secretary Jeremiah Samples said the agency still could provide payment plans to families if the amended House Bill succeeds in Senate Finance with the new tier system, the $4 million and an additional $14.9 million the DHHR already has requested for social service improvements.

According to Samples, the DHHR has been piloting a tiered system in certain counties. He said if the program were administered statewide, the state would save more money in the long run by placing older children with more behavioral needs with West Virginia families, instead of costly institutions. 

“It doesn’t have to be either or,” Woelfel said in the Senate Judiciary Committee Tuesday night. He suggested the Senate reinstate the House’s funding and propose an amendment on the Senate floor that calls for the tiered system. 

Senators rejected two amendments from Sen. Stephen Baldwin to reinstate items from the former House bill for the foster child’s bill of rights. 

One amendment would’ve returned a line from the original House bill, allowing foster children the right to be free from unwarranted physical restraint and isolation.

A second amendment would’ve returned more language from the original bill, allowing foster children to keep in touch with previous caregivers and other important adults to a child, withstanding an order from the court prohibiting that. 

“It is my sense that … young people who are in this circumstance, they are experiencing a certain level of trauma, and that trauma is only magnified by the chaos of it,” Baldwin said before his proposed amendment failed. “So, when you’re in that situation, you need anchors. You need guideposts, you need people you can turn to who are safe, you need positive influences in your life.”

House Bill 4092 goes to the Senate Finance Committee next.

Emily Allen is a Report for America corps member.

W.Va. Delegates Amend Intermediate Court Bill To Include Criminal Appeals

A bill to create an intermediate court of appeals in West Virginia passed the House Judiciary Committee Friday with a few noteworthy changes and, ultimately, a favorable recommendation.

Republicans say the creation of an intermediate court will speed up the judicial process in West Virginia, where the state Supreme Court is the only entity accepting appeals to lower court decisions. The majority party has argued an accelerated appeals process could in turn attract more businesses to the state and benefit smaller, local businesses struggling with litigation.

Democrats, on the other hand, question whether creating an intermediate court will actually expedite the appeals process or just add an extra and costly step. As lawmakers turn their focus to the upcoming fiscal year’s budget, the minority party also asked on Friday whether an intermediate court is worth the investment. 

Senate Bill 275 was sent to the House Judiciary Committee after the Senate voted 23 to 11  to pass the bill. A day before the vote, Sen. William Ihlenfeld, D-Ohio, unsuccessfully attempted to amend the bill to include criminal appeals.

That amendment, proposed this time by a Republican, made it into the House Judiciary version of the bill Friday night. Delegates agreed unanimously to accept the amendment from Del. Brandon Steele, R-Raleigh, even though the committee later disagreed along party lines when it came to passing the entire bill. 

“I don’t think this is going to increase cost much,” Steele said of his amendment. “And in what I have to say about this is, to me, this is the right way to do it. And I would rather pay a little bit more to do it the right way and pay less and do it the wrong way.”

Information from the state’s Public Defender Services estimates adding criminal cases will increase what the state spends on hiring private attorneys by $1.2 million annually.

The West Virginia Supreme Court of Appeals says creating the entire court would cost about $7.5 million in its first year and then about $6.3 million annually. The Consolidated Public Retirement Board projects an annual price tag of $55,000 for judges’ benefits.

On Friday, delegates in the House Judiciary Committee also agreed to amend the bill to delay implementation (and spending) on the intermediate court until 2023.

While debating the bill, Del. Chad Lovejoy, D-Cabell, said creating an intermediate court likely will cost more than lawmakers expect. Referring to information the committee heard earlier on Friday, he added that appeals have declined over the years in West Virginia, one of nine low-population states without an intermediate court of appeals.

House Judiciary Vice Chair Moore Capito, R-Kanawha, said that Republican lawmakers took a “toe in the water approach” when it came to budgeting for the intermediate court.

“We’ve pushed that data out, we’ve given the folks that are going to be impacted by this, the folks that are going to stand up this program, a chance to look at it, and ultimately, give us a better idea of what it costs,” Capito said. 

An amendment from Steele to specify placement of the court — one location serving a Southern District in Beckley and another to take cases in a Northern District in Clarksburg — also succeeded. 

A proposal from Del. Joe Canestraro, D-Marshall, to amend the bill so that child welfare actions, including juvenile offenses and abuse and neglect cases, are appealed to the intermediate court, failed 12-13. 

Capito was one of the delegates who spoke against the proposal. 

“We’re dealing with extremely vulnerable individuals in our society, who need the most expedited appeal available to them,” Capito said.  

“If we’re dealing with the most vulnerable citizens in our society, then we should give them a quicker appeal right to an intermediate court first,” Canestraro said. “I think our children are more important than any business aspect being able to be appealed here.” 

Del. Andrew Robinson, D-Kanawha, later used this exchange to question who the intermediate court system will actually be faster for. 

“I can’t figure out what the exact reason for this court is. When we discuss it, we say it’s fast or it’s slow, and we argue back and forth,” Robinson said. “… Do we really know what we’re doing here?”

While the bill is still set for consideration in House Finance next, Republican leadership could still decide to waive that reference.

Emily Allen is a Report for America corps member.

Want To Fund Your Project In Rural Appalachia? This Program Could Help

A new grant program is taking applications for economic development projects in coal-impacted areas of Appalachia. 

Opportunity Appalachia is a collaboration between multiple non-profits and philanthropic organizations across central Appalachia. Project organizers expect to select 15 projects; each awardee will be coached by experienced business and development professionals. They value the support at an average of $50,000 per project.

The goal is to support groups in rural areas across central Appalachia by helping them leverage more funding and networking opportunities toward economic investment in their communities. 

According to a press release from the West Virginia Hub, one of the organizations behind the initiative, projects can focus on downtown development, manufacturing, healthcare, education, food systems, clean energy, heritage tourism, and recreation.

Groups and individuals located within economically distressed communities, places that have been identified as “opportunity zones” in West Virginia, Virginia and Ohio have until March 2nd to submit their proposals.

Morrisey Announces $220 Million Settlement with German Bank

West Virginia Attorney General Patrick Morrisey announced a $220 million settlement with Deutsche Bank for fraudulent conduct.

The actions by Deutsche Bank involved manipulating LIBOR, the London Interbank Offered Rate, which is known as a benchmark interest rate that affects investments. It has a widespread impact on global markets and consumers.

According to a news release from the state Attorney General’s office, the bank embezzled millions of dollars from government entities and not-for-profit organizations as an attempt to benefit its trading position.

A working group of 45 state attorneys general led the investigation, and revealed Deutsche Bank was manipulating the benchmark interest rate with inaccurate data and improper communications.

The news release states governmental and not-for-profit entities with LIBOR-linked swaps and other investment contracts with Deutsche Bank will be notified if they are eligible to receive a portion of the settlement.

Senate Passes Boone County Schools Funding Bill

While the House took up the budget Monday, the Senate passed a bill that puts a little more than $2 million from state reserves into the Boone County Board of Education.

Senate Bill 1010 is a supplemental appropriation that would take money from general revenue and state reserves to help the Boone County school system get back on its feet after a decline in tax revenue this fiscal year.

The decline was largely due to bankruptcies of three major coal companies in the county. In fact, the decline topped at an unexpected $9 million.

To combat the loss in revenue, Boone County tried to ease the blow by cutting more than $2 million in expenses, closing three elementary schools, laying off 80 teachers and service personnel, and finding more than $6 million in savings.

But it wasn’t enough, so the county asked help from lawmakers – if nothing came from the Legislature, teachers in Boone would not receive a paycheck on June 24.

Senate Bill 1010 was the answer, but many lawmakers who opposed it saw it as a “bailout.”

During the Senate’s afternoon floor session Monday, Senator Art Kirkendoll, a Democrat from Logan County, spoke on the bill as senators were about to vote.

“I know the concept of the bill, when it first become apparent to the legislative bodies; I heard the word used called bailout, and even if it was a bailout, I would feel a little remorse about it. But I know when I become a Senator here in November 2011, the first three or four pieces of legislation I supported was legislation for the cracker plant, TIFF projects for Morgantown; the first four or five major pieces of legislation was to support the northern part of the state. We’re all West Virginians. I never ever considered backing down on support of anything in the northern part, the Eastern Panhandle, or anywhere else. It’s not a bailout. To me it’s a support system for saying thank you to a county; we’re gonna give you an opportunity to fix this.”

Senate Bill 1010 ultimately passed 32 to 0. Boone County would have to pay the money back over time, but for now, teachers in the county are more likely to see their paychecks.

The bill now goes to the House for consideration.

West Virginia, Alpha Propose $300 Million-Plus Deal on Mine Cleanup

On Thursday, the West Virginia Department of Environmental Protection announced a multi-million dollar agreement with one of the state’s largest coal operators – one that’s currently in bankruptcy court.

The deal was struck in light of concerns over whether or not the company would be able to pay for cleanup of mines after bankruptcy.

The DEP has been working with Alpha Natural Resources to come up with a plan to deal with the environmental legacy of the company’s mining operations.

Alpha announced in February it would sell its most profitable operations to pay off creditors. Many state officials worried that those sales won’t bring in enough money to cover all of Alpha’s reclamation obligations, leaving the state to pay for the cleanup. In the agreement, Alpha assures the DEP that bonds posted to obtain mining permits in the first place would remain in place.

Additional funds will be posted to cover reclamation costs at both active and inactive mines, as well as water treatment obligations.  $300 million in total would be set aside – 80 percent of that for projects in West Virginia.

The agreement still needs further approval before it becomes binding. Alpha has to get the go-ahead from other states where mines also exist, as well as from other U.S. agencies. The plan must also be approved in bankruptcy court. If approved, the sale and plan should be complete by the end of July.

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