Legislative efforts to reform West Virginias challenged foster care system kicked off in Charleston this week, with Republican lawmakers proposing 16 bills aimed at enhancing child welfare outcomes. However, five child welfare researchers consulted on the proposals caution that the bills fall short of addressing fundamental issues driving the systems crisis and are unlikely to reduce the incidence of children being removed from their families or resolve chronic staffing shortages across the states child protective services (CPS).
According to Bethany R. Lee, a professor specializing in childrens services at the University of Marylands School of Social Work and one of the researchers reviewing the legislation, the proposed changes represent only incremental progress. "I think these are somewhat incremental," Lee said, signaling a need for more comprehensive reforms that would better target root causes.
A previous investigation by Mountain State Spotlight into West Virginias foster care system revealed extensive burdens on caseworkers, which hinder the provision of essential services to children and families once they are in the system. Support services affected include those for foster and kinship caregivers as well as critical mental health resources for children within their communities.
Additionally, it was uncovered that significant federal funding designated for assisting older foster youth—such as support for tuition and housing as they transition to adulthood—was returned unused by the state, a missed opportunity to aid vulnerable populations.
Among the legislative proposals are initiatives to equip CPS workers with body cameras, issue mobile devices in two counties to facilitate real-time data sharing with supervisors, increase compensation and provide assistant support for guardians ad litem who advocate for children in court, and involve State Police in delivering training to child welfare staff.
However, child welfare experts emphasize that improving preventive measures addressing socio-economic factors is critical. Lee underscored the necessity for legislation that strengthens social safety nets, including affordable housing, expanded healthcare access, and enhanced addiction treatment services. Such reforms, she argued, would significantly affect the child welfare system, which often reflects larger societal shortcomings.
Kelley Fong, assistant professor of sociology at the University of California, Irvine, affirmed this perspective, highlighting that families experiencing poverty are disproportionately subjected to child removal, often due to misinterpretation of economic hardship as neglect. "I think anti-poverty policy is child protection policy," Fong stated.
Lawmakers did present one draft bill directing the Department of Human Services to develop a prevention plan over the next year to implement targeted services for various at-risk groups, including children not currently in the system and those aging out. However, Fong noted that immediate preventive investment is possible, questioning, "What are the investments that can be made in the near term, so that families can get the help they need without having their children removed into foster care?"
Del. Adam Burkhammer, R-Lewis, co-leader of the legislative workgroup, acknowledged the imperative to reduce foster care numbers but emphasized a cautious, safety-focused approach. "Im a data guy," he remarked, advocating for decision-making grounded in careful analysis rather than intuition. Data from 2024 showed that roughly half of foster care cases in West Virginia resulted in reunification, indicating that with effective oversight and services, many families can stay intact if supported properly.
Sen. Vince Deeds, R-Greenbrier, shared support for connecting faith-based organizations and civic groups with schools and the Department of Human Services (DoHS) as part of prevention strategies. For instance, volunteers might assist families experiencing job loss or help manage student truancy, leveraging community engagement to identify and address problems early.
One critical concern not addressed by the new legislation is the CPS workforce crisis. Currently, caseworkers manage caseloads far exceeding recommended standards. The Child Welfare League of America advises maintaining caseloads at 15 children per worker, but many West Virginia caseworkers report managing between 30 to 50 cases simultaneously. While the proposed bills contain measures to ease worker burdens—such as equipping them with mobile technology for efficient communication and expediting financial assistance for kinship caregivers—the question of workforce expansion remains unaddressed.
Another longstanding issue is the systems heavy reliance on institutional placements and sending children to out-of-state facilities. The number of available in-state residential care beds suitable for short-term high-level psychiatric treatment has declined significantly, with no long-term residential treatment beds currently available. Cindy Largent-Hill, director at the Division of Childrens Services for the West Virginia Supreme Court of Appeals, highlighted this gap.
One proposed bill aims to create a fund—contingent on legislative appropriation—to develop in-state residential care capacity, facilitate the return of children from out-of-state institutions, and enhance training for staff treating children with severe psychiatric needs. Gov. Patrick Morrisey has championed this initiative.
Experts caution that the critical factor in institutional care is not merely geographic location, but proximity to supportive adults and family. Lonnie Berger, associate vice chancellor for social sciences research at the University of Wisconsin-Madison, noted that even within state boundaries, children can be distanced from crucial family visits.
To reduce the need for psychiatric residential care, Lee pointed to the importance of expanding community and school-based mental health services. "Its not like a kid wakes up one day and suddenly needs this level of care," she said, emphasizing early intervention.
Long-term reform suggestions include an initiative proposed during a December meeting to hold monthly training and coordination meetings among community stakeholders, including health officials, educators, law enforcement, and social service nonprofits. This collaborative effort could empower communities to address their specific challenges, including the prevention of out-of-state placements.
Fong also recommended the expansion of mandated supporters, enabling professionals like teachers to support families proactively, identifying needs related to housing, food, or clothing, thereby reducing dependence on CPS caseworkers for initial interventions.
Jessica Pac, assistant professor of social work at the University of Wisconsin-Madison, stressed that ensuring child safety depends heavily on the availability of trained decision-makers within the system and that increasing their pay would help improve workforce retention. Nevertheless, like her colleagues, she emphasized prevention as key. "We should be thinking about what happens in 20 years," Pac said, underscoring the importance of sustained investment even if returns are long-term and less visible to policymakers.
In summary, while West Virginias new legislative package addresses several operational aspects of the foster care system, child welfare experts call for a broader focus on systemic reform initiatives, including addressing poverty, enhancing preventive services, strengthening the child welfare workforce, and improving mental health care. Such efforts are critical for reducing foster care entry and ensuring better outcomes for vulnerable children and families.