No charges against foster parents

‘After stepping back and looking at it, we decided the facts didn’t warrant charges’

By D. E. Smoot

The mother of a 3-year-old boy found wandering the streets after midnight is upset no charges are being filed against the foster parents responsible for the child at the time.

The child was found wandering along Honor Heights Drive at 2:50 a.m. March 14. Prosecutors initially said they were going to file charges, but backed off those plans this week.

“That (Department of Human Services) nurse comes in here and violates my home, saying I need this, and I need that and I need to do all this stuff,” said Trish Justice. “Then she goes and leaves my kids with these people who let my boy get out of the house in the middle of the night.”

Assistant District Attorney Nikki Baker Dotson, who was preparing to file the case last week, said a closer look at the facts and the foster parents prompted the reversal.

“Just looking at the initial report, we didn’t know a lot of the details,” Dotson said. “But after stepping back and looking at it, we decided the facts didn’t warrant charges.”

According to Dotson, the foster parents have worked with DHS for some time and have no history of any complaints.

Citing confidentiality rules, Dotson declined to provide further details about the case. She did, however, say there were reasonable explanations about how the child was able to get out of the house at night without the knowledge of the foster parents.

The child’s paternal grandmother expressed particular concern about the decision to return the 3-year-old boy to the foster parents after a motorist found the child last week.

“I think they should hold those foster parents accountable just like they are my daughter-in-law,” said Jean Justice of Nitro, W.V. “If my grandson is in harm’s way, how many other children are out there in harm’s way?”

Justice said her daughter-in-law takes good care of her children, providing them with food, shelter and medical care. She said the child’s mother has done nothing wrong, and her children should be returned to her.

Trish Justice said she has proof that the accusations upon which DHS based their decision are false. She further believes the removal of her children could be based on something worse.

“I think this is discrimination,” Justice said. “They are discriminating against my husband because he’s got that bipolar thing.”

Justice said she has been allowed to visit her children since they were removed from the home about two weeks ago. She said a hearing regarding DHS placement has been set. Because of privacy concerns, hearings regarding juveniles are closed to the public and the media.

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