West Virginia State Conference of the NAACP Seeks to Compel Juvenile Justice Data from State Agencies
Kanawha County, West Virginia – A circuit court in Kanawha County, West Virginia, held a pivotal hearing today in a lawsuit filed by the West Virginia State Conference of the NAACP, which aims to compel state agencies to gather critical data on juvenile justice outcomes, as mandated by state law. The West Virginia NAACP is being represented by Democracy Forward and Mountain State Justice in the suit, West Virginia State Conference of the NAACP v. West Virginia Department of Homeland Security, West Virginia Department of Human Services, & West Virginia Department of Education.
The state’s juvenile justice system has been a long-standing concern, with approximately 4,000 juveniles appearing before a judge annually for alleged offenses such as truancy and running away from foster homes. Many of these youngsters become entangled in the system for extended periods. As recently as a decade ago, West Virginia’s confinement rate for children ranked the highest in the nation: 330 of every 100,000 kids were confined, substantially surpassing the national average of 152. Disturbing racial disparities affecting the state’s youth require attention and reform.
In response to these pressing issues, Governor Earl Ray Tomblin formed a task force aimed at reforming West Virginia’s juvenile justice system. Key recommendations from this group later became the basis of the bipartisan bill, SB393. Signed into law in 2015, the bill prioritized alternatives to incarceration, including diversion programs and community-based services. Notably, it includes provisions for state agencies to collect data on outcomes for juvenile justice in the state, enabling evidence-driven policymaking.
However, it has come to light that the state agencies responsible have neglected to gather this necessary data, hindering evaluations of the effectiveness of juvenile justice reforms. The lack of data collection severely diminishes the ability to ascertain the impact of state actions toward addressing the ongoing crises. Consequently, on August 15, 2024, the West Virginia State Conference of the NAACP took decisive action, filing a lawsuit to bring attention to the noncompliance of state agencies. They seek to ensure procedures for data collection are formalized and implemented in conformity with state law.
Today, a circuit court heard statements in the ongoing case West Virginia State Conference of the NAACP v. West Virginia Department of Homeland Security, West Virginia Department of Human Services, & West Virginia Department of Education. The parties acknowledged their intent to schedule status updates and meet before an arranged hearing on February 6, 2025, to address outstanding questions around data collection and possible outcomes. The court urged progress toward a solution through sustained dialogue and information-gathering.
The West Virginia State Conference of the NAACP secured legal representation from Democracy Forward Senior Counsel Jessica Morton, Mountain State Justice Senior Attorney, and Deputy Director Lydia Milnes. Their recent remarks underscore the urgency behind bringing state agencies into line and the importance of establishing transparency in the collection and handling of juvenile justice-related information.
“The public requires transparent and accountable government policies in West Virginia,” declares Democracy Forward Senior Counsel Morton, “especially concerning decisions regarding the state’s obligations, laws, and essential governance. The need to comply with the collection and submission of data about essential policy areas is evident.”
To learn more about our actions and advocacy efforts: [www.democracyforward.org](https://www.democracyforward.org) and [https://www.mountainstatejustice.org](https://www.mountainstatejustice.org)
