West Virginia Unveils Reforms to Overhaul Foster Care System Amid Ongoing Challenges

West Virginia Governor Patrick Morrisey has announced a series of reforms aimed at overhauling the state's foster care system, which has faced longstanding challenges and recent judicial scrutiny. The initiatives, unveiled on May 29, 2025, seek to enhance transparency, improve oversight, and address systemic issues that have plagued the system for years.

The reforms include mandatory monthly case reviews by supervisors to ensure consistent oversight and timely interventions. A revised intake process will allow direct contact with individuals involved in each case, facilitating better communication and understanding of the circumstances surrounding each child. Additionally, enhancements to the child welfare data dashboard aim to provide more comprehensive and accessible information regarding the status and outcomes of children in the foster care system. The Department of Human Services (DoHS) will now disclose information in cases involving serious welfare concerns, promoting greater transparency and public trust.

These measures come in response to years of troubling incidents, including abuse-related deaths and legal actions that have exposed systemic failures within West Virginia's foster care system. The state currently has over 6,000 children in foster care, the highest per capita rate in the United States, largely due to the ongoing opioid crisis.

In February 2025, a 12-year-old boy in state care attempted suicide while housed in a hotel, highlighting the state's reliance on unlicensed facilities due to a shortage of appropriate placements. This incident led Circuit Court Judge Maryclaire Akers to mandate the appointment of a monitor to oversee the Department of Human Services' use of such facilities. Judge Akers stated, "What we cannot have are continued failures of that magnitude."

Additionally, a federal class-action lawsuit filed in 2019 alleged that the state's welfare system failed to meet the needs of foster children due to caseworker shortages, over-reliance on institutional settings, and lack of mental health support. However, in February 2025, U.S. District Judge Joseph R. Goodwin dismissed the lawsuit, stating that the issues presented could not be resolved by a federal court and emphasizing that the responsibility lies with the state government. Judge Goodwin wrote, "The blame squarely lies with West Virginia state government. When elected officials fail, the ballot box is the remedy."

Governor Morrisey, who has served as the state's Attorney General prior to his gubernatorial tenure, has been known for his involvement in legal actions against pharmaceutical companies related to the opioid crisis. His administration has prioritized addressing the challenges within the foster care system, recognizing the profound impact of the opioid epidemic on families and children in the state.

The announced reforms have significant social implications. By enhancing transparency and accountability, the state aims to rebuild public trust in the foster care system. Improved oversight and data management are expected to lead to better outcomes for children in care, potentially reducing instances of abuse and neglect. Furthermore, these reforms may serve as a model for other states grappling with similar challenges, particularly those heavily affected by the opioid crisis.

West Virginia's foster care system has been under scrutiny for years. In 2019, the state created the position of foster care ombudsman to investigate complaints and collect data about the system. Pamela Woodman-Kaehler, the first to hold this position, resigned in June 2024, citing a new opportunity. Her departure raised questions about the effectiveness and independence of the oversight mechanisms in place.

In 2023, the West Virginia Center on Budget & Policy released a report highlighting the root causes of the state's child welfare crisis, including economic insecurity and substance use disorders. The report recommended policy changes to address these underlying issues, such as tightening legal standards for abuse and neglect to ensure that economic hardship alone does not lead to child removal.

The success of these reforms will depend on their effective implementation and the state's commitment to addressing the complex factors contributing to the foster care crisis. As West Virginia moves forward, continued oversight and collaboration among state agencies, community organizations, and the public will be essential in ensuring the well-being of the state's most vulnerable children.