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CHARLESTON, W.Va. (WSAZ) - The West Virginia Department of Human Services has refused to turn over information related to the child neglect death of a teenager from Boone County.

WSAZ recently filed an open records request for the information, citing both the state’s Freedom of Information Act and a specific subsection of state code -- the latter of which reads the state shall make public information relating to fatalities or near fatalities involving child neglect and abuse.

Specifically, the §49-5-101 (d), in part, says, “if there is a child fatality or near fatality due to child abuse and neglect information relating to a fatality or near fatality shall be made public by the Department of Human Services.”

WSAZ took the matter to Patrick McGinley, a law professor at West Virginia University.

“In short, how do you interpret that?” asked WSAZ NewsChannel 3 reporter Curtis Johnson.

“Here, the language ‘shall be made public’ is clear,” McGinley replied. “The word ‘shall’ connotes a mandatory duty placed on the public body to disclose information.”

“So public means public?” Johnson asked.

“Public means public,” McGinley answered.

The development comes weeks after Boone County authorities say a teenage died from cardiac arrest at a home in Morrisvale.

Investigators say the 14-year-old had not eaten for months, was unable to function and had not been outside of the home more than two times in the last four years.

The teenager’s mother was charged with child neglect resulting in death.

Mother arrested in connection with teen’s death

It’s a story that sent WSAZ searching for answers, starting with taking a closer look at this law the Department of Human Services says requires the agency to keep quiet.

It is that law the agency pointed to April 22, just days after the teen’s death, as part of a lengthy statement it issued on behalf of Child Protective Services.

A day later, Johnson asked Gov. Jim Justice, R-West Virginia, if that statement meant that CPS had a history in that child’s life.

“You know, Curtis, the CPS folks, from what I understand, had no idea about this child, no idea whatsoever,” he replied.

So WSAZ asked Human Services to verify the Governor’s comment. Instead, a spokesperson directed Johnson to “carefully review” her agency’s prior statement.

So Johnson did, reading not only the press release, but also the section of state law it referenced, and it was there Johnson found §49-5-101 (d).

The Department of Human Services, in denying WSAZ’s request, argued state and federal law, in part, “have imposed strict limitations on the disclosure of ‘all records and information concerning a child or juvenile’ maintained by the” department.

It acknowledges certain instances when information can be disclosed, but argued in its response that that, “shall be made public,” only applies to a small group -- not WSAZ and not you, the taxpayer.

McGinley disagrees. He argues the public and that small group are entitled to the information.

“The word ‘public’ includes the media, citizens, corporate entities,” he told WSAZ. “That language is clear and it’s not dependent upon the language the preceding subsection.”

But it goes further.

Remember that argument -- specifically, the federal law the state says forces it to keep quiet?

Johnson found that is just not true.

According to the federal law, known as the Child Abuse Prevention and Treatment Act, states like West Virginia must, “allow for public disclosure of the findings or information about the case of child abuse or neglect which has resulted in a child fatality or near fatality.”

Going even further, Johnson found a federal, Child Welfare Policy Manual that interprets that sentence.

It says states must provide more than just general information, reading in part, “the intent of this provision was to assure that the public is informed about cases of child abuse or neglect which result in the death or near death of a child.”

That manual even lists minimum information that must be released -- cause and circumstance; age and gender of the child, any state services or actions provided to the child, any prior reports of abuse/neglect and the result of any prior investigations.

McGinley says that information in the Boone County case should be made public without delay.

“How do you believe that jives with the department’s response?” Johnson asked McGinley.

“I don’t understand it,” he replied. “I mean, this is a basic rule of law.”

“In denying my request, is the state violating the law?” Johnson asked.

“Yes,” McGinley answered. “Yes, it’s their responsibility to interpret requests for information under the Freedom of Information Act broadly.”

“Basically what they said -- ‘Sue us,” he added. “That’s literally what they what their response was, and there shouldn’t be any reason for citizens to have to go to court to pay for an attorney, to force the agency to do what the law clearly requires.”

West Virginia is not like all states.

For instance, in Ohio in 2022 when WSAZ asked questions about the deaths of two children with open child welfare cases, the station received an eight-page report. There were no names of children, but it did include details and recommendations for corrective action.

WSAZ also found that other states, including Arizona, Nevada and Pennsylvania, have methods for releasing case-specific information.