Judge Denies West Virginia's Request to Pause Foster Care Lawsuit

U.S. District Judge Joseph Goodwin denied a request by West Virginia officials to stay a long-running class-action lawsuit concerning the state's foster care system. The state, represented by Attorney General John McCuskey and the West Virginia Attorney General's Office, sought to pause the proceedings to allow the U.S. Supreme Court to determine if federal courts have the authority to impose systemic reforms on state agencies.

The litigation, originally filed in 2019 by A Better Childhood Inc, Disability Rights West Virginia, and the Shaffer & Shaffer law firm, alleges that foster children suffer from abuse and neglect and are improperly housed in hotels and shelters. Plaintiffs are seeking mandated placement in foster homes within 30 days and reduced caseworker caseloads. The case was briefly dismissed in 2025, but the U.S. Fourth Circuit Court of Appeals reversed that decision on June 4, ruling that federal courts can oversee institutional changes when fundamental rights are violated.

Judge Goodwin rejected the stay, stating the case has been mired with delay for seven years and that further pauses risk additional abuses of children in state custody. He dismissed the state's arguments regarding judicial resources as guesswork and ordered limited discovery to be reopened. The case is now moving toward a bench trial scheduled for March 2027.