West Virginia Foster Kids’ Class Suit Revived by Appeals Court

June 4, 2026, 4:27 PM UTC

West Virginia must defend a class action seeking to reform its foster care system, which allegedly has overlooked children’s individual needs and permitted abuse and neglect, a federal appeals court said for the second time.

A class of thousands of foster care children had standing to pursue this institutional reform suit because their injuries likely would be redressed by the declaratory and injunctive relief they sought, the Fourth Circuit said Thursday. Judge Henry F. Floyd said the trial court had the power to order state officials to make substantial changes as to how children are assessed for placement, the timing ...

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