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Appeals Court Reinstates Lawsuit Targeting West Virginia Foster Care Failures

WEST VIRGINIA — A federal appeals court on Thursday reversed a 2025 ruling that dismissed a class‑action lawsuit alleging systemic failures in West Virginia’s foster care system.

The Fourth Circuit Court of Appeals ruled that U.S. District Judge Joseph R. Goodwin erred when he found federal courts lacked authority to intervene in the state’s child welfare operations. The lawsuit, filed in 2019, claims the Department of Human Services violated foster children’s constitutional rights through chronic shortages of Child Protective Services workers and a lack of safe placements.

Circuit Judge Henry F. Floyd wrote that federal courts not only have the power but a duty to “remedy systemic constitutional rights violations,” sending the case back to district court for further proceedings.

The ruling revives a long‑running legal challenge that advocates say is critical to addressing widespread instability in the state’s foster care system.

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