Parkersburg, West Virginia (WCHS) — A wrongful death lawsuit has been filed against the West Virginia Department of Human Services following the death of a child in foster care in Parkersburg.
The lawsuit, filed by Morgan & Morgan Law Firm on behalf of the child’s biological mother, centers on a 3-year-old boy who died after being discovered in the Little Kanawha River near Parkersburg in June 2024.
On June 17, 2024, the boy was discovered unresponsive in the river near Happy Valley Road in Parkersburg. According to court records, he was autistic, nonverbal, and had a habit of sneaking out of the house.
Attorneys claim the child escaped the foster home after one of the foster parents left him unattended for at least 15 minutes. When the foster parent returned and was unable to locate the child, they called 911 and reported him missing.
Law enforcement officers soon discovered the 3-year-old during a search. According to investigators, the child wandered out the back door of the home and into the adjacent river.
The lawsuit alleges that the DoHS, Child Protective Services, and foster parents were aware of the child’s tendency to leave the house. However, they failed to place him in a foster home near a river with no gate or structure to limit access.
The suit also claims that the child escaped from the foster home on several occasions and that DoHS, CPS, and the foster parents did nothing to prevent further escapes prior to his death.
According to the court filing, the child was placed in foster care after briefly leaving his Ripley home while being cared for by his mother. A Ripley police officer found him shortly after, and his mother was arrested for child abuse and neglect.
Attorneys stated that CPS workers investigated and certified the foster home as appropriate for the child, as well as informing the foster parents of the boy’s tendency and the need for extra attention.
After the child left the home on several occasions, the foster parents allegedly informed CPS of plans to implement technology or equipment to prevent the child from leaving, but did not do so, according to the lawsuit. They are accused in the lawsuit of failing to provide a safe environment for their child.
The lawsuit claims that the Department of Human Services owed the child a permanency plan with the goal of reuniting him with his mother while also ensuring his safety while in foster care.
The mother claimed in the lawsuit that she was denied custody of her son despite having completed court proceedings and CPS reunification procedures.
