06/04/2026
A massive lawsuit filed on behalf of West Virginia foster kids will continue, after an appeals court rejected the argument that the courts couldn’t address the problems in the system.
The nearly 7-year-old case alleges that the state’s response to longstanding problems in the foster care system has been slow and inadequate — leaving kids warehoused, shuffled between placements and at risk of further harm.
U.S. District Judge Joseph R. Goodwin ruled that the remedy to the system’s issues was for voters to elect different representatives if they’re unhappy with the state government’s response.
But in the opinion released Thursday, the appeals court disagreed with Goodwin’s take. It found that not only were these issues redressable by the federal court, but that the case sufficiently demonstrates ongoing injury to the kids in West Virginia’s foster care system.
“Because federal courts not only have the authority, but also a duty, to remedy systemic constitutional rights violations, we reverse,” Senior Circuit Judge Henry F. Floyd wrote in the opinion.
https://buff.ly/zfMf43Q
A federal appeals court revived a lawsuit alleging West Virginia foster kids are harmed by state system failures.