Latest news with #WestVirginia-based
Yahoo
14-05-2025
- Politics
- Yahoo
Attorneys suing over WV's troubled foster care system seek to review lawsuit, request new judge
The West Virginia Department of Human Services, located at One Davis Square in Charleston, (Lexi Browning | West Virginia Watch) A group representing children suing the state of West Virginia over its troubled foster care system wants the lawsuit revived after a judge tossed the case in February. A Better Childhood, a nonprofit legal advocacy group based in New York, is also seeking a new judge to preside over the class-action lawsuit, according to a filing on Tuesday. 'We're asking to get the decision reversed, and we're asking to get the judge off the case,' said Marcia Lowry, the organization's executive director. 'We continue to think this is a very serious and unconstitutional situation.' The 2019 lawsuit brought by foster children sought to address pervasive issues in West Virginia's overburdened child welfare system, including a shortage of Child Protective Services workers and safe homes for children. Kids were left to linger in the system for years with no plans for permanent homes or ending up in abusive group homes, the lawsuit said. In his dismissal of the case, U.S. District Judge Joseph R. Goodwin didn't deny problems still persist, but said the situation couldn't be fixed through the courts. 'This court cannot take over the foster care system of West Virginia,' Goodwin wrote in an opinion dismissing the case, adding that it was an 'unsatisfying result' to years of litigation. 'I know that there are children who deeply suffer in the custody of the state,' he continued. 'West Virginia's foster care system has cycled through inaction, bureaucratic indifference, shocking neglect and temporary fixes for years. The blame squarely lies with West Virginia state government.' Lowry said that Goodwin failed to rule on underlying issues in the system and has 'firmly-held beliefs against institutional reform litigation.' 'The first thing he's supposed to do is decide liability. This judge has made it clear that he does not think that, regardless that there are serious problems in the system, he still can get relief. In our view, that is wrong,' she said. 'In the interest of justice and fairness, we think the case should go to a judge that doesn't have such firmly-held beliefs.' Additionally, Lowry believes the suit should continue, saying a court ruling in the case is likely to address children's needs. The lawsuit asks the courts to mandate that the Department of Human Services place children in safe homes or facilities, receive necessary services and more. They're also asking for an outside monitor to 'conduct record reviews as necessary to ensure compliance.' 'No doubt, institutional reform of a state agency is a daunting and arduous task,' the filing reads. 'Federal courts have a constitutional duty to confront that task, not to shy away from it.' Shafer and Shafer, a West Virginia-based law firm, and Disability Rights West Virginia are also plaintiffs in the case. DoHS did not immediately return a request for comment. Prior to Godowin's dismissal order, the agency sought to have the case thrown out, citing improvements to the system that included hiring more CPS workers. The lawsuit was previously thrown out in 2021 then revived by an appeals court in 2022. In 2023, U.S. District Judge Thomas E. Johnston recused himself from the case after Mountain State Spotlight, a nonprofit newsroom, pointed out ethical concerns regarding Johnston's communication with lawmakers and the former Department of Health and Human Resources about legislation impacting foster care and possibly the lawsuit. Public information available through the State Auditor's website shows that DoHS has paid more than $8 million to Brown and Peisch, a law firm in Washington, D.C. that has provided the state's legal counsel in the case since 2020. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
01-05-2025
- Yahoo
Work is continuing on two-state connector route
bramwell — Officials with the Hatfield-McCoy Trail Authority are hoping to finish construction in the near future on a new connector route that will link the West Virginia-based trail system with neighboring Virginia. Once it is completed, riders from the Virginia-side Spearhead Trail system in Tazewell County would be able to cross the state line and connect with the Hatfield-McCoy Trail system in Mercer County. Riders of the Hatfield-MCoy system also would be able to connect with the Virginia trail. The connector route will extend approximately eight miles and is an extension of the existing Pocahontas Trail system in Mercer County. Work on the connector route began last year, but it is not yet finished, according to Hatfield-McCoy Trail Authority Executive Director Jeff Lusk. 'We haven't gotten it open yet,' Lusk said. 'We've got to wait for some timbering to be done. But we do intend to get that open. It will be a plus for both areas. It will be a plus for Spearhead and for us.' Lusk said sections of the connector route have been completed, but other sections won't be ready until timbering in the area is completed. 'We have built sections of it,' Lusk saidte. 'There are just sections of it that can't be completed yet. It is our full intention to get that done and get it open as soon as possible. There is just some timbering work going on.' Lusk said the Hatfield-McCoy Trail Authority will be able to sell even more ridership permits once the Virginia-side riders are able to cross over into the West Virginia trail system. The connector route will essentially link both states and trails together. It will begin near Bramwell in Mercer County and end at the Virginia state line in Tazewell County. The Hatfield-McCoy Trail Authority had to work with several land companies to secure license agreements for the new connector route. The Hatfield-McCoy Trail system currently operates more than a thousand miles of trail and 10 trail systems, including the Pocahontas trail in Mercer County and the Indian Ridge trail in McDowell County. The neighboring Spearhead Trail system in Virginia also extends through multiple Southwest Virginia counties. It is operated by the Southwest Virginia Regional Recreational Authority and will connect with the Hatfield-McCoy Trail system near Boissevain in Tazewell County. While riders of both trail systems will be able to cross the state line once the connector route is opened, they will still have to have permits to ride the respective trail systems. For example, riders of the Hatfield-McCoy Trail system will have to have a permit to ride the Spearhead Trail system when they cross into Virginia. And riders of the Spearhead Trail system will have to have a Hatfield-McCoy Trail permit when they cross the state line into West Virginia. The hope of trail officials is that the new connector route will allow ATV riders to ride seamlessly from one trail system to the next. Contact Charles Owens at cowens@
Yahoo
29-04-2025
- Health
- Yahoo
How the Trump administration's health cuts could kill thousands of test animals
Hundreds of lab animals left behind following the Trump administration's Health and Human Services cuts have reportedly been euthanized. Of the more than 900 animals located at a West Virginia-based National Institute for Occupational Safety and Health facility, a third were killed last week following layoffs there, according to a report from The New York Times. Now, scientists caution that this concerning outcome could happen again, as the National Institutes of Health caps indirect costs, including facilities and administration costs. 'If the animals can't be fed and cared for properly, then they're going to have to be sacrificed,' Dr. Paul Locke, an environmental health scientist, attorney and professor at the Johns Hopkins Bloomberg School of Public Health, told The Independent. 'And that, to me, is just a parade of horribles.' 'Some people may tell you that this massive culling is OK because what it means is that animal research is going to end. But, that is simply not true. The animal research will not end. It will simply go somewhere else,' he said. Where it would go remains to be seen, and the future of animal testing is murky. Locke said his guess is that it could continue to be done in the U.S. in a way where it escapes protection or in places where there are a lot less protections for the animals. A spokesperson for the Department of Health and Human Services did not address the situation in West Virginia, but told The Independent that it was committed to maintaining compliance with all federal animal welfare standards throughout this transition period and that it remains focused on ensuring public health, research and regulatory obligations continue to be met responsibly and in accordance with applicable law. The Trump administration's Food and Drug Administration has recently moved to 'phase out' animal testing for certain drugs.' Animal groups have commended the action — but also say the nation is not moving fast enough. They dispute the claim that lab animals are such a critical part of U.S. health research. 'I think we need to give up that ghost. Especially because of all the non-animal methods that are available and are emerging,' Dr. Katherine Roe, a neuroscientist and PETA's chief of science advancement and outreach, said. PETA is the nation's largest animal rights group. 'It's not a gold standard,' she said. Roe pointed out that there are limitations to these practices, including that many people who utilize animal studies tend to lean into how they're similar to humans versus how they are different. 'The failure rate for treatments developed in animals for cancer, for sepsis, for Alzheimer's disease go on and fail when they're tried in human patients because of species differences,' she noted, adding that the lab environment alters the physiology of the animals. 'The idea that we should keep trying this failed paradigm ... is ridiculous,' said Roe. 'I think we are bumping up against the limits of what animals can tell us,' noted Locke, 'and, there are many reasons for that. but the simple biological reason is that human biology is different than animal biology.' He believes that there should be a transition away from animal testing while alternatives are developed. 'FDA and EPA have been pressed for decades to champion innovative methods that use human cells, 3D printing, robotics, computer models and other technologies to assess the safety and efficacy of a host of chemicals, products, devices and drugs without the suffering and death of literally hundreds of thousands of animals,' Sara Amundson, president of Humane World Action Fund, said in a statement. PETA estimates that are still 100 million animals in U.S. laboratories, but says that count is likely an underestimate. It's a tally that doesn't include animals not protected under the Animal Welfare Act. So, it doesn't include mice, rats, fish and birds that are bred for research purposes. Some of the millions of animals could be moved, but many may have already been exposed to pathogens. It is unclear where all of these animals could go, if not to sanctuaries. Many others are rescued from facilities. The industry has a duty to figure out the animal's future, Animal Legal Defense Fund Senior Staff Attorney Caitlin Foley said in a statement shared with The Independent. '[The Animal Legal Defense Fund] urges Congress to pass similar legislation to the CHIMP Act (Chimpanzee Health Improvement, Maintenance, and Protection Act) to require the adoption or rehoming of all animals forced into animal research,' she wrote. The CHIMP Act is a federal law that mandates the creation of a system of sanctuaries for chimpanzees no longer needed in research. But, without these or similar avenues, Roe says the animals' option is death. It may be their best option before experimentation, Justin Goodman, a senior vice president at the White Coat Waste Project, told Rawstory. 'The reality is that these animals were always at risk for euthanasia. In fact, the overwhelming majority of animals in laboratories are killed at the end of experimentation,' Roe added. 'That's the truth.'
The Independent
29-04-2025
- Health
- The Independent
How the Trump administration's health cuts could kill thousands of test animals
Hundreds of lab animals left behind following the Trump administration's Health and Human Services cuts have reportedly been euthanized. Of the more than 900 animals located at a West Virginia-based National Institute for Occupational Safety and Health facility, a third were killed last week following layoffs there, according to a report from The New York Times. Now, scientists caution that this concerning outcome could happen again, as the National Institutes of Health caps indirect costs, including facilities and administration costs. 'If the animals can't be fed and cared for properly, then they're going to have to be sacrificed,' Dr. Paul Locke, an environmental health scientist, attorney and professor at the Johns Hopkins Bloomberg School of Public Health, told The Independent. 'And that, to me, is just a parade of horribles.' 'Some people may tell you that this massive culling is OK because what it means is that animal research is going to end. But, that is simply not true. The animal research will not end. It will simply go somewhere else,' he said. Where it would go remains to be seen, and the future of animal testing is murky. Locke said his guess is that it could continue to be done in the U.S. in a way where it escapes protection or in places where there are a lot less protections for the animals. A spokesperson for the Department of Health and Human Services did not address the situation in West Virginia, but told The Independent that it was committed to maintaining compliance with all federal animal welfare standards throughout this transition period and that it remains focused on ensuring public health, research and regulatory obligations continue to be met responsibly and in accordance with applicable law. The Trump administration's Food and Drug Administration has recently moved to 'phase out' animal testing for certain drugs.' Animal groups have commended the action — but also say the nation is not moving fast enough. They dispute the claim that lab animals are such a critical part of U.S. health research. 'I think we need to give up that ghost. Especially because of all the non-animal methods that are available and are emerging,' Dr. Katherine Roe, a neuroscientist and PETA's chief of science advancement and outreach, said. PETA is the nation's largest animal rights group. 'It's not a gold standard,' she said. Roe pointed out that there are limitations to these practices, including that many people who utilize animal studies tend to lean into how they're similar to humans versus how they are different. 'The failure rate for treatments developed in animals for cancer, for sepsis, for Alzheimer's disease go on and fail when they're tried in human patients because of species differences,' she noted, adding that the lab environment alters the physiology of the animals. 'The idea that we should keep trying this failed paradigm ... is ridiculous,' said Roe. 'I think we are bumping up against the limits of what animals can tell us,' noted Locke, 'and, there are many reasons for that. but the simple biological reason is that human biology is different than animal biology.' He believes that there should be a transition away from animal testing while alternatives are developed. 'FDA and EPA have been pressed for decades to champion innovative methods that use human cells, 3D printing, robotics, computer models and other technologies to assess the safety and efficacy of a host of chemicals, products, devices and drugs without the suffering and death of literally hundreds of thousands of animals,' Sara Amundson, president of Humane World Action Fund, said in a statement. PETA estimates that are still 100 million animals in U.S. laboratories, but says that count is likely an underestimate. It's a tally that doesn't include animals not protected under the Animal Welfare Act. So, it doesn't include mice, rats, fish and birds that are bred for research purposes. Some of the millions of animals could be moved, but many may have already been exposed to pathogens. It is unclear where all of these animals could go, if not to sanctuaries. Many others are rescued from facilities. The industry has a duty to figure out the animal's future, Animal Legal Defense Fund Senior Staff Attorney Caitlin Foley said in a statement shared with The Independent. '[The Animal Legal Defense Fund] urges Congress to pass similar legislation to the CHIMP Act (Chimpanzee Health Improvement, Maintenance, and Protection Act) to require the adoption or rehoming of all animals forced into animal research,' she wrote. The CHIMP Act is a federal law that mandates the creation of a system of sanctuaries for chimpanzees no longer needed in research. But, without these or similar avenues, Roe says the animals' option is death. It may be their best option before experimentation, Justin Goodman, a senior vice president at the White Coat Waste Project, told Rawstory. 'The reality is that these animals were always at risk for euthanasia. In fact, the overwhelming majority of animals in laboratories are killed at the end of experimentation,' Roe added. 'That's the truth.'
Yahoo
29-03-2025
- Politics
- Yahoo
Retired law enforcement officer seeks to primary Sheriff Jenkins in 2026
Frederick County Sheriff Chuck Jenkins has announced that he will seek a sixth term, and he already has a challenger. Jenkins, a Republican, made the announcement on WFMD's 'Mid-Maryland Live' this week, the outlet reported on Friday. Asked on the broadcast if he was running for reelection, Jenkins replied: 'Absolutely. Take it to the bank.' Jenkins was not available for an interview with The Frederick News-Post on Friday. Jenkins was first elected as sheriff in 2006. His reelection in 2022 made him the first person to hold the Frederick County office for five terms. Prior to being elected sheriff, Jenkins served three years in the Frederick County Sheriff's Office's patrol division and 13 years in the agency's criminal investigations unit. Gary Morton, who spent five years on the corrections side of the Frederick County Sheriff's Office and another 30 years on the law enforcement side before retiring in 2015, filed earlier this month as a Republican candidate for sheriff in 2026. Jenkins has yet to file his own statement of candidacy. The deadline to do so is Feb. 24, 2026, at 9 p.m., according to the Maryland State Board of Elections. In an interview on Wednesday, Morton said he had not spoken with Jenkins about the race, but said he knew the current sheriff is aware of his candidacy. Morton, of Ijamsville, said he was motivated to run for sheriff by a continued sense of pride in his former agency and a desire for change. Morton said he considered running for sheriff shortly after his retirement, but decided against it at the time due to his involvement with Camp Ezri, a West Virginia-based ministry for at-risk youth, and his work as a background investigator for the Montgomery County Fire & Rescue Service. Reading about the indictment of Jenkins renewed his interest in the job, Morton said. In April 2023, Jenkins was indicted on charges of making false statements to the federal government on behalf of The Machine Gun Nest owner Robert Krop as part of a conspiracy to illegally acquire machine guns. Krop was acquitted following a jury trial in October 2024, and the charges against Jenkins were dropped the next month. But the 19-month prosecution made it more difficult for the agency's men and women to do their jobs, Morton said. 'When something like that happens to an agency, especially your leader, it's not just him that's affected by it,' Morton said. 'It affects the people who work in the agency. And I think that, in essence, it causes a lack of trust with the community.' If elected, Morton said he would spend the first 90 days of his term reviewing operations in each branch of the Sheriff's Office including the detention center, courthouse, patrol and specialty law enforcement divisions and the administrative offices. Morton said a major goal of his would be to re-establish an academy within the Sheriff's Office, so that the agency does not have to outsource training of new recruits and experienced officers to other entities. Morton said he would also work to maintain good relationships with partner agencies and organizations, increase community outreach, and support recruitment and retention efforts in the Sheriff's Office. Morton said he supports the Sheriff's Office's participation in the federal 287(g) program, but believes the agency should do more to ensure the general public understands it. The federal 287(g) program allows U.S. Immigration and Customs Enforcement to train local law enforcement officers to assist ICE with immigration enforcement. In Frederick County, where the program has been in place since 2008, correctional officers are trained to inquire about inmates' immigration statuses only at the Adult Detention Center. Morton also expressed support for the Sheriff's Office's use of technologies such as body-worn cameras and drones, saying he wished both programs had been implemented much earlier. The Sheriff's Office started its drone program in July 2024. All Frederick County Sheriff's Office deputies have had body-worn cameras since April 2023, according to previous reporting. Since he filed to run for sheriff, Morton said he has been inundated with calls from people asking how they can support his campaign. 'I'm excited about it,' Morton said. 'I think it would be a great honor to be a part of the department again and maybe bring it to another level.'
