WSAZ obtains documents, audio recordings and whistleblower letter in alleged Boone Co. neglect case

CHARLESTON, W.Va. (WSAZ) – WSAZ has obtained documents and audio, as well as a whistleblower letter, related to the investigation into a Boone County teenager who died in a suspected child neglect case.

Following the investigation Deadly details deniedWe started asking the state questions, but they didn’t give us any answers. The state redoubled its pressure, insisting that it knew nothing about the child.

Evidence obtained by WSAZ showed that the West Virginia Department of Human Services’ claims are simply not true.

According to investigators, the 14-year-old girl lived and died inside the home in Boone County. Her body was found in a skeletal state.

Investigators said the girl had not eaten for months and was unable to function. She hadn’t been out more than twice in the last four years.

Officials charged the girl’s mother with child neglect resulting in death. She pleaded not guilty to the charge.

Shortly after the teen’s death, the West Virginia Department of Human Services issued a statement on behalf of Child Protective Services. This statement addresses state law requiring the agency to keep reports of abuse and neglect confidential.

A day later, WSAZ’s Curtis Johnson asked Gov. Jim Justice if that statement meant CPS had a history in that child’s life.

Justice replied, “You know, Curtis, the CPS people, as far as I know, had no idea about this child, no idea at all.”

But Johnson probed further and asked human resources officials to review the governor’s comment.

Instead, a spokesman referred Johnson to the statement – and the confidentiality law. So he took a closer look at the state law. There he found a subsection that the department had left out of its press release.

It states that in the event of a death due to child neglect, the authority must release information about the case. Johnson found the same requirement in federal law.

He also found a handbook on interpreting federal law.

It states, in part: “The purpose of this provision was to ensure that the public is informed of cases of child abuse or neglect resulting in the death or near-death of a child.”

This manual even listed minimum information that must be disclosed, including any history CPS had with the child.

So Johnson filed a Freedom of Information Act (FOIA) request for any history CPS had with the Boone County teen.

His application was rejected.

Johnson then addressed the governor again on Wednesday.

Johnson: First, do you stand by what you said weeks ago, that CPS had no idea about this child, no idea at all? And second, given that state and federal law requires public disclosure of case-specific information and child neglect deaths, will you direct the Department of Human Services to comply with the law and release these records?

Justice: Curtis, you know I don’t dodge questions. First of all, I would like to tell you that what I told you two weeks ago was, to the best of my knowledge, 100% correct. Will I stand behind what was said two weeks ago now that I know the information I know today? Absolutely not… What happened to us and what shouldn’t have happened, you know, we basically have lawyers that are at DHHR and they screw it up and then when they give us information, you know, then We must act on the information they give us.

Moments later, West Virginia Department of Human Services Secretary Cynthia Persily took the podium.

Persian: Thank you, Governor, and thank you, Curtis, for the question… Our attorneys have traditionally interpreted state and federal law to not allow us to release information except to very limited groups… and we have Governor informed this and we take full responsibility for it.

But Persily continued that this critical incident report, published by the department each year, meets federal disclosure requirements.

Johnson reviewed the most recent report and found that it did not contain case-specific information. And in every year he reviewed, Johnson found no information about prior CPS involvement.

He had some follow-up questions and some follow-up questions for Secretary Persily, so he went to the Capitol, where the governor himself arranged a follow-up interview with Persily.

Johnson: Given these minimum standards and the governor’s response today, can you describe what information or interactions your office had regarding the 14-year-old now deceased in Boone County?

Persian: Yes, we had no interaction. There was no CPS report.

Johnson: Were there any recommendations?

Persian: No, there was no transfer, I would say no. I should have said “remittance” and not “report”.

Referring to the ministry’s initial statement, Johnson asked:

“One of the things we saw in that press release was talk about things that were left out. A call comes into the agency, something is being checked and not assigned. Did you have contact in that way?”

Persian: NO

Johnson: So again, just to be clear: you had no contact with this 14-year-old during her lifetime?

Persian: We have no record of contact with this family – this particular child.

Johnson: My FOIA is looking for information about previous interactions with this child. You say there were no phone calls about this child? There were no recommendations for this child? There was no investigation into this child? There was nothing with this child’s name in your agency?

Persian: That’s right.

Johnson: So in response to my FOIA there would be nothing to contribute to this idea?

Persian: That’s right.

A day later, on Thursday, Johnson reached out to Governor Justice again to express his reaction and clarify his position.

Johnson: How do you react to her statement?

Justice: First of all, I don’t know, you know, but secondly and everything, you know, I have to believe that what she’s telling you is absolutely the truth, and if we find that it’s not the truth, then she won’t be more at work because she doesn’t have to say anything that isn’t the truth.

Johnson: Specifically to your statement: “CPS had no idea about this child.” No idea.” Do you stand by this statement?

Justice: I really don’t know exactly how to answer this because I don’t know. First of all, I don’t know if CPS knew about this child or if this child just fell through the cracks and so on. From what I understand, CPS still maintains that they knew nothing about the child, but I really don’t know the details beyond that.

But Johnson says he should remember what Minister Persily told him.

Johnson: There was nothing with this child’s name in your agency?

Persian: That’s right.

That’s the opposite of what’s laid out in an anonymous letter WSAZ obtained Friday from a whistleblower. The letter details two referrals to CPS involving the teen.

It contains the admission numbers assigned to cases – along with dates, times and even names of supervisors and workers. WSAZ has chosen to redact these names.

The letter also details how CPS was referred to the home twice – once in 2009 and the other time in 2017.

According to the letter, the teen’s name was listed in the CPS system at both times.

Then late Friday afternoon, WSAZ received a response to a Freedom of Information Act request we sent to the West Virginia State Police.

The response includes notes from a March 2023 welfare check on the teen.

According to the call log, the officer referred the officer to CPS. That note was backed up by audio recordings provided to WSAZ by State Police: “About that CAD call reference, that welfare check I just did, that CPS referral, if you can just put that in the notes on it.”

WSAZ will contact the Department of Human Services and the governor’s office for a response to the documents and audio the station received.

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