State Government Is Protecting Itself
One has to wonder what it would take to shake politicians and bureaucrats out of their default mode of protecting themselves before protecting children or holding themselves (or their friends) accountable.
Clearly not even the horrific death of a 14-year-old child in Boone County is enough.
For years now, too many public officials (we’re talking bureaucrats here, not necessarily lawmakers) have chosen to misinterpret the law — and to improperly instruct their staffs — under the pretense of protecting children. It’s their go-to excuse these days, isn’t it? But now, the law they say protects kids is being used to hide information that might prevent another case like what happened to the 14-year-old.
Why?
State Code 49-5-101 reads in part “… all records and information concerning a child or juvenile (emphasis ours), 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.”
Bizarrely, Cynthia Persily, cabinet secretary of the Department of Human Services, says that means she can’t provide any information that would help the public understand whether Child Protective Services fulfilled its responsibility to this child. Not even the most basic of information can be shared, she believes.
It’s nonsense.
Despite claims to the contrary, even the federal law regarding such situations allows states to authorize limited access to information as long as state officials guarantee the safety and wellbeing of children and parents/guardians.
Too often the state law is used not to protect kids, but adults. This has happened far too often to think any different.
Perhaps for some officials it is truly a matter of wishing to adhere to the letter of the law.
But for others, the opacity gives the appearance of intending to hide information that would help children and give the public the answers that would let them hold accountable both individuals and agencies. That’s how government is meant to work.
If public officials can’t be trusted not to abuse state code, lawmakers must amend it. Gov. Jim Justice says he’s all for “law changes that would make … the information flow more constructive.”
Lawmakers must also take “constructive” to mean truly protecting children and bringing to justice those who neglect their responsibilities or commit greater crimes against kids.
Meanwhile, Justice is right on another count.
“We have a lot of people out there that may have known of this kid,” he said. The child had been in and out of school since 2019 and had not been eating consistently for months and even years, according to other family members.
“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.
We all should think that way.
But the question that will haunt those who do — because we’re getting no information from CPS or the DoHS on this case — is whether it will do any good.