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CHARLESTON, W.Va. (AP) — The state Juvenile Justice Commission has accused the West Virginia Department of Health and Human Resources of operating under a "cloak of secrecy" while negotiating new contracts to place youths in residential psychiatric facilities.
The commission released a report Monday saying the DHHR intended to "unilaterally" overhaul the residential placement system without consulting key figures in the juvenile justice system or considering how the changes would affect residential centers' finances, news outlets reported.
The Supreme Court has placed a stay on a pending contract that would include a 180-day limit on juveniles' stays at the facilities and change how services are billed. Bundled daily rates of $250 for residential placements would be replaced by a standard rate of $178 in addition to further billing for supplementary services.
The DHHR has said its changes are aimed at ensuring children with behavioral problems are assigned to a community-based setting, rather than the traditional group setting.
That new focus comes after a U.S. Department of Justice report from June 2015 that cited a lack of integrated services and a reliance on "unnecessary institutionalization" as part of the state's failure to comply with the Americans with Disabilities Act.
"Given that West Virginia has one of the highest rates of residential placement of children per capita in the country ... the United States Department of Justice, through its investigation, urged immediate changes to our child welfare system," DHHR Secretary Karen Bowling said in statement.
The Juvenile Justice Commission, however, said it was "deeply troubled" over concerns voiced by treatment providers regarding their lack of input.
"The Department of Health and Human Resources has been provided many opportunities and invitations to explain the aforementioned changes and has refused to do so, seemingly taking the position that no explanation is warranted to the judiciary, providers, educators and families among others," the commission said in its findings.
Bowling said her department will "continue to collaboratively work with (the judiciary) to improve the child welfare system in West Virginia."
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