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Finding a balance

While speaking to members of the Legislative Oversight Commission on Health and Human Resources Accountability last week during legislative interim meetings, Cynthia Persily, secretary for the Department of Human Services, stated discussions were ongoing to develop legislation to address the issue.

“We are very conscious of the fact that there is a balance between the public’s need to know and the ability to prosecute a child abuse and neglect case, and we would never want to interfere with that,� Persily said when recounting discussions with the West Virginia Prosecuting Attorneys Institute, to members of LOCHHRA, during the August interim session.

According to Persily, also providing input on this legislation is a “workgroup� consisting of officials from the governor’s office, House and Senate leadership, and legal counsel.

Representing the legislative branch were House Speaker Roger Hanshaw, R-Clay, Delegate Amy Summers, R-Taylor, Senate President Craig Blair, R-Berkeley, Sen. Eric Tarr, R-Putnam.

In addition, the DoHS team has met with representatives from four states with model confidentiality legislation, as well as the University of Kentucky Center on Trauma and Children (CTAC) regarding any potential legislation, Persily said.

A timely manner

Summers is also a co-chair of LOCHHRA which heard Persily’s recent presentation during the legislative interim.

She said she believed DoHS, the governor’s office, and the legislative branch “all want to agree on something� that provides public information in a timely manner on near fatalities and fatalities of children.

Currently DoHS releases an annual critical incident report, but according to Summers, “once a year is not enough because we have to make sure that we’re addressing any issues that could’ve been prevented in a timely manner.�

According to Summers, “The Department of Human Services and governor’s office have agreed to a bill but the House still has a few areas that need further clarification.�

In regard to the workgroup, speaking specifically regarding House representation concerns, according to Summers:

In agreement

• Further defining the term “near fatalityâ€� and adding a definition of “serious or critical conditionâ€� to the related statute in the state code [49-5-101]
• How public information is received, and develop a clear “step-by-step methodâ€� on how that information is released

Needs clarification

• Defining the role of a prosecutor in relation to prohibiting the release of information
• Releasing data on not only substantiated calls, but “perhapsâ€� on unsubstantiated calls as well related to child fatality and near fatality cases

“Could that [data] be a way to say, ‘you know what, there were 20 calls on that particular individual, and they were never substantiated. Are we missing something?’� Summers asked.

None of these issues appears to be a bridge too far, said Summers, who thinks a form of the proposed legislation could be ready for a special session, if called for.

“I want us to agree on something so we can address this in a special session. But if we can’t, then I’m sure that the House Health Committee will put out a bill relating to this [during the 2025 Regular Session],� said Summers, who chose not to run for reelection, with her term ending at the end of the year.