Justice signs bill aimed at improving communication, accountability in troubled foster care system

Del. Adam Burkhammer, lead bill sponsor of House Bill 4975 and a foster parent, said his measure was just the first step in addressing issues in the state’s struggling system. Gov. Jim Justice signed the bill into law on Tuesday, March 26, 2024. (Perry Bennett | West Virginia Legislative Photography)

As the state faces a sweeping lawsuit about its overburdened child welfare system, a bill aimed at improving foster care communication and accountability has been signed into law.

Gov. Jim Justice signed the bill on Tuesday — a day ahead of his deadline to sign legislation passed during the recent session.

House Bill 4975 would create a “foster parent information system,” where foster parents, biological parents, Child Protective Services workers, guardian ad litem and others involved in a child’s case could share and keep a record of communication.

The bill was the brainchild of two Republican House of Delegates members who are foster parents; it’s their second year advocating for and tweaking the legislation.

“I am thankful for the support of Justice and his administration today for signing this legislation,” said Del. Adam Burkhammer, R-Lewis, a bill lead sponsor. “I think this piece of legislation, this communication technology system, helps fix the communication issues that so many foster families complain about.”

He continued, “Communication is key for everyone’s success here, and I think we can utilize technology to help bridge the gap ultimately helping everyone to better care for children when they are in these foster care situations.”

The portal will have to operate throughout a state-run child welfare database system known as PATH (People’s Access To Help). During bill debate, lawmakers noted that the multi-million dollar database system was still not fully operational despite years of implementation.

The new communication tool was estimated to cost $7.5 million; the state will contribute $1 million with federal dollars covering the rest.

Under Senate changes to the bill, the communication portal must be operational by 2025.

The bill also required that the tool be used to analyze how Child Protective Services workers respond to foster parents and others. The findings must be shared with the Legislature.

A survey conducted by the state health department, which oversees foster care, showed communication issues were pervasive throughout the child welfare system.

A 2019 lawsuit filed on behalf of children against health department leaders, Justice and others, which alleged mistreatment of thousands of children in state care, also noted a lack “inadequate communication” between foster parents/kinship caregivers and their caseworkers.

Several other bills aimed at addressing foster care issues failed to make it to the governor’s desk, including a measure that would have permitted lawmakers to go in closed-door meetings with health departments leaders to request information on tragic foster care cases.

Another bill , backed by Burkhammer, aimed to increase the number of guardian ad litem, who are necessary for child welfare cases moving through court systems. It passed the House but stalled in the Senate.

Burkhammer said there was more work to do to improve the system.

“ … Let’s not quit here, let’s get back to work because it is going to take many more bills and a lot more work to get a handle on child welfare in West Virginia,” he said.

Justice signed a slew of other bills, while there are still more than 100 bills awaiting signature. A controversial bill that would loosen the state’s school vaccine laws still awaits his signature.

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