photo by: West Virginia Legislative Photography

Dr. Cynthia Persily, secretary of the West Virginia Department of Human Services, speaks to lawmakers in December 2023. This week, Persily issued a statement stating that no information about a 14-year-old girl’s death in Boone County, or any current of previous investigations of the matter, would be released.

CHARLESTON — Gov. Jim Justice said Tuesday that while he would support changing state laws to lessen restrictions on the kinds of information West Virginia human resources officials can disclose when the death of a child is involved, he said federal laws also tie their hands.

Speaking during his weekly administration briefing Tuesday from the State Capitol Building, Justice confirmed that Child Protective Service (CPS) workers within the state Department of Human Services were unaware of the circumstances behind the death of a 14-year-old girl in Boone County after law enforcement officers found her in what they called a “skeletal state” due to years of malnutrition.

“The CPS folks from what I understand had no idea about this child, no idea whatsoever,” Justice said.

The child’s mother, 49-year-old Julie Anne Stone Miller, was charged last week with child neglect causing death. According to a criminal complaint filed by the Boone County Sheriff’s Department, the child was found “emaciated to a skeletal state.”

According to interviews with family members, the child had been in and out of school since 2019 and had not been eating consistently for months and even years. More charges could be brought as deputies continue their investigation.

“This is a tragedy that is unthinkable … but stuff like this happens,” Justice said. “Really and truly, we have a lot of people out there that may have known of this kid.”

The governor’s revelation about CPS came one day after Cynthia Persily, cabinet secretary of DoHS, issued a statement expressing remorse for the death of the child, but stating that no information regarding the girl or any current of previous investigations would be released by the department.

Persily cited State Code 49-5-101, which states that “…all records and information concerning a child or juvenile which are maintained by the Division of Corrections and Rehabilitation, the Department of Human Services, a child agency or facility, or court or law-enforcement agency, are confidential and may not be released or disclosed to anyone, including any federal or state agency.”

“Confidential reporting of child abuse and neglect is a keystone to the efficacy of our system and the work we do to prevent abuse and neglect,” Persily said. “It is essential to recognize that confidentiality protocols, mandated by both State and Federal law, are designed and implemented to encourage those with knowledge and information of abuse and neglect to intervene and report on behalf of children at risk without the fear of reprisals.”

Organizations advocating for the protection of children have called for the governor and lawmakers to amend State Code to allow for the release of non-identifying information regarding abused children or the deaths of children to be able to ensure that CPS is following up on complaints.

“Would I be in favor of law changes that would make maybe the information flow more constructive? Sure, I would,” Justice said. “From the standpoint of the law, you’ve got federal laws that are restricting and make it to where some of this stuff is so confidential, it’s unbelievable. I can’t talk to you about that.”

The federal Child Abuse Prevention and Treatment Act (CAPTA) requires states to preserve the confidentiality of child abuse and neglect reports to preserve the rights of children and parents/guardians. But it does allow states to authorize limited access to information as long as state officials guarantee the safety and wellbeing of children and parents/guardians.

Justice encouraged people to report instances if suspected child abuse and neglect through the West Virginia Child Abuse Hotline number, 1-800-352-6513.

“Really and truly, this is no different than being diligent in every way from the standpoint of if you see someone who looks suspicious or there may be something possibly going on. Speak up and tell us about all of this,” Justice said. “What has happened here is hideous beyond belief. It’s terrible, it’s completely terrible. What do we do to ensure this is not going to happen again? More funding for additional staff and resources.”