2006 -- THE YEAR OF THE CHILD

      Every year, as you may know, the Chief Justice of the Supreme Court of Appeals of West Virginia identifies a topic of special interest to serve as the Court’s focal issue – a theme of the Court, if you will. This year, it will come as no surprise for those who know me that I have chosen the safety and welfare of West Virginia’s children as the premiere legal issue. For West Virginia’s courts, 2006 is “The Year of the Child.”

      My own interest reflects a national concern. Under the Omnibus Budget Reconciliation Act of 1993, federal funding was set aside for each of the fifty states’ court systems to assess the effectiveness of their child welfare laws and the judicial processes that were in place to effectuate them. The ultimate goal of this granting of federal funds was the creation of a plan for widespread systemic improvement in the protection of America’s children. The grants went into place in January of 1995, and that same year, the West Virginia Supreme Court of Appeals impaneled an Oversight Board as part of its Court Improvement Program (CIP). The Board studied and continues to examine child abuse and neglect laws to address any ineffectiveness found therein. 

      In its inaugural year, West Virginia’s Court Improvement Plan Oversight Board conducted a broad, statewide assessment of West Virginia’s laws and regulations governing child welfare and prepared an improvement plan for implementation. The Board identified several areas of concern and created a strategic plan for the Court to deal with the problems. The plan proposes, among other initiatives: education for all affected parties, including judges, lawyers and CPS staff; revision and unified usage of forms to be provided on the Juvenile Abuse and Neglect Information System (JANIS) software; and submission of proposed bills to the West Virginia legislature for their consideration. 

      Morgantown attorney John Hedges serves as counsel to the Oversight Board, and Hedges reported last month that the 2006 budget bill, pending the president’s signature, proposes additional funding for all fifty states’ Court Improvement Boards. Hedges explained that, like the existing CIP funding, the monies are intended to improve litigation for abused, neglected, and foster children. 

      Hedges’ summary of the new CIP grant programs explains that the West Virginia Supreme Court’s existing grant funding will be virtually unchanged; however, a new and separate appropriation was created to help state courts improve data analysis and collection in child abuse and neglect and foster care cases. To gain eligibility for these separate funds, a state court system’s application must describe "how courts and child welfare agencies on the local and State levels will collaborate and jointly plan for the collection and sharing of all relevant data and information to demonstrate how improved case-tracking and analysis of child abuse and neglect cases will produce safe and timely permanency decisions."

      An additional separate appropriation was created to improve state courts’ training of judges and attorneys, which, as previously mentioned, is already part of West Virginia’s Oversight Board’s strategic plan.

      I encourage practitioners to make use of a valuable tool created by the Board, the West Virginia Judicial Benchbook for Child Abuse and Neglect Proceedings. Updated annually, and also available online, the Benchbook serves as a virtual “how to” manual for counsel, detailing the process from filing a petition and effectively participating in different types of potential hearings, to post-judgment options, complete with an index of relevant West Virginia caselaw.

      In addition to the Court Improvement Program, the state Department of Health and Human Resources under Secretary Martha Walker is also vital to the protection of West Virginia’s children through successful elimination of legal oversights. I am happy to report that Secretary Walker exhibits contagious enthusiasm for the project and consummate professionalism in working with me and others involved in this crucial undertaking. For her tireless work on the part of West Virginia’s children and families, Secretary Walker has been awarded this year’s Law Day Liberty Bell Award – a national honor sponsored by the American Bar Association, and given each year to one who promotes better understanding of the rule of law; encourages a greater respect for the law and the courts; stimulates a sense of civic responsibility; and contributes to good government in the community. We can all learn from Secretary Walker’s example and her distinguished career of public service.

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