A federal magistrate judge has imposed sanctions on the state health department for failing to retain emails related to an ongoing lawsuit alleging mistreatment of children in the foster care system. U.S. Magistrate Judge Cheryl Eifert stated that while she did not believe the state intentionally deleted evidence, she acknowledged that the Department of Health and Human Resources did not take adequate measures to ensure the retention of emails by the state’s Office of Technology. This led to a misunderstanding that resulted in the deletion of emails.
The sanctions come after a hearing on January 11 at the federal courthouse in Huntington. The lawsuit, filed in 2019 by several organizations on behalf of foster children, alleged that the state had intentionally failed to preserve emails that could have shed light on various issues within the foster care system. Despite ongoing challenges, the state health department is focusing on recruiting new foster care parents to provide stable homes for the growing number of children in foster care.
In response to the sanctions, the Department of Health and Human Services (DoHS) released a statement noting that they do not agree with all aspects of the magistrate judge’s decision but appreciate the thorough consideration given to the issues at hand. The agency also expressed satisfaction with the judge’s rejection of the plaintiff’s claim that DoHS intentionally failed to preserve emails from former employees.
Judge Eifert has directed
