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

WSAZ has obtained documents and audio, along with a whistleblower letter, in connection with the investigation into a Boone County teenager's death.
Published: May. 10, 2024 at 5:48 PM EDT

CHARLESTON, W.Va. (WSAZ) - WSAZ has obtained documents and audio, along with a whistleblower letter, in connection with the investigation into a Boone County teenager who died in an alleged child neglect case.

In a follow-up to the investigation Deadly Details Denied, we started asking the state questions, but they wouldn’t give us any answers. The state doubled down -- insisting it had no knowledge of the child.

The evidence WSAZ obtained showed the West Virginia Department of Human Services’ claims are just not true.

Inside the Boone County home is where investigators say the 14-year-old girl lived and died. Her body was found in a skeletal state.

Investigators said the girl had not eaten for months and was unable to function. She had not been outside more than two times in the last four years.

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

Just after the teen’s death, the West Virginia Department of Human Services issued a statement on behalf of Child Protective Services. That statement references state law the agency says requires it to keep reports of abuse and neglect confidential.

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

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

But Johnson kept digging, asking Human Services officials to verify the governor’s comment.

Instead, a spokesperson directed Johnson back to the statement -- and the law on confidentiality. So, he took a closer look at that state law. There he found one subsection the department left out of its press release.

It states that the department, in case of a child neglect fatality, shall make public information relating to the case. Johnson found that same requirement in federal law.

He also found a manual that interprets the federal statute.

It reads, 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 listed minimum information that must be released, including any prior history that CPS had with the child.

So, Johnson submitted a Freedom of Information Act (FOIA) request -- for any history that CPS had with the Boone County teenager.

His request was denied.

Johnson then went back to the governor on Wednesday.

Johnson: First, do you stand by what you said weeks ago that, CPS had no idea about this child, no idea whatsoever? And second, given that state and federal law requires public disclosure of case specific information and child neglect fatalities, will you direct Department of Human Services to follow the law and turn over those records?

Justice: Curtis, you know I don’t dodge any questions. First of all, I would tell you, what I told you two weeks ago, to the very best of all the abilities that I have in me was 100% accurate. Will I stand behind what was said two weeks ago, now that I know the information that I know today? No way ... What we had happened, and it shouldn’t have happened, you know, we’ve got basically attorneys that are with DHHR, and they screw it up, and then when they give us information, you know, then we’ve got to act on the information that they give us.

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

Persily: Thank you, governor, and thank you, Curtis, for the question ... Our lawyers have traditionally interpreted the state and federal statutes as us not being allowed to disclose any information except to very limited groups ... and we advised the governor as such, and we take full responsibility for that.

But Persily went on to say this Critical Incident Report released each year by the department meets the federal requirement for public disclosure.

Johnson reviewed the most recent report, and it had no case-specific information. And in every year that he reviewed, Johnson found no information about prior CPS involvement.

He had some follow-up ad 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 those minimum standards and the governor’s answer today, can you describe what information or interaction your agency had with regards to the 14-year-old that’s now deceased in Boone County?

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

Johnson: Was there any referrals?

Persily: No, there was no referral, I should say no. I should have said referral, not report.

In referencing the Department’s initial statement, Johnson asked:

“One of the things we saw in that press release was talk about things that get screened out. A telephone call comes into the agency, something gets screened and doesn’t get assigned. Did you guys have any contact in that manner?”

Persily: No

Johnson: So again, just to clarify, you have no contact with regards to this 14-year-old in her lifetime?

Persily: We have no record of contact with this family -- about this particular child.

Johnson: My FOIA seeking information about prior interaction with this kid. You’re saying there was no telephone calls about this kid? There was no referrals about this kid? There was no investigations about this kid? There was nothing with this kids name on it in your agency?

Persily: That’s correct.

Johnson: So in response to my FOIA, there would be no nothing responsive to provide in that idea?

Persily: That’s correct.

A day later, on Thursday, Johnson went back to Governor Justice for his reaction and to clarify his position.

Johnson: What’s your reaction to her statement?

Justice: First of all, I don’t know it, you know, but, secondly and everything, you know, I’ve got to believe that what she’s telling you is absolutely the truth, and if we find that it’s not the truth, she won’t be in the job any longer because she doesn’t need to be telling anything that’s not the truth.

Johnson: Specifically with regards to your statement, ‘CPS had no idea about this child. No idea whatsoever.’ Do you stand by that statement?

Justice: I really don’t know exactly how to answer that because I don’t know. First and foremost, I don’t know if CPS had knowledge of this child or this child just fell through the cracks and everything. CPS still, from what I understand, contends that they did not have knowledge of the child, but I really don’t know the specifics beyond that.

But Johnson says to remember what Secretary Persily told him.

Johnson: There was nothing with this kids name on it in your agency?

Persily: That’s correct.

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 teenager.

It includes intake numbers assigned to the cases -- along with dates, times and even names of supervisors and workers. WSAZ has chosen to redact those names.

The letter also details two times CPS was referred to the home -- once in 2009 and the other in 2017.

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

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

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

According to the call log, the trooper made a referral to CPS. That note was backed up by audio provided by state police to WSAZ: “On that CAD call reference, that welfare check I just made, that CPS referral, if you can just put it in the notes on it.”

WSAZ will be following up with the Department of Human Services and the Governor’s Office for a response to the documents and audio the station obtained.