CHARLESTON — The state Supreme Court of Appeals has ruled in favor of the West Virginia Department of Human Services in a legal dispute between the DHS and Randolph County Circuit Court Judge David Wilmoth over keeping the West Virginia Children’s Home in Elkins open.

On March 25, the Supreme Court of Appeals granted a writ of prohibition, sought by the DHS, to prevent Wilmoth from “enforcing his administrative order mandating the Children’s Home to remain open beyond its slated closing date.”

The DHS had announced on Nov. 19 that the Children’s Home would be closed effective Dec. 31.

According to the Memorandum Decision released on March 25 by the Supreme Court of Appeals, on Dec. 9, approximately three weeks after the Nov. 19 announcement, Wilmoth “unilaterally entered an ‘administrative order'” directing that the Children’s Home “remain open to receive placement of and provide housing, care, treatment, education, safety and other required and necessary services to the juveniles of this State.”

The March 25 high court decision states, “This Court has stated that ‘no judge should take unto himself activities or functions which are delegated to other branches of the government.”

Wilmoth, according to the court’s decision, maintained that closing the Children’s Home would “‘result in further risk and harm to juveniles,’ would deny them services to which they are entitled by statute, exacerbate difficulties placing juveniles and amounts to the ‘abdication of’ DHS’s statutory requirement to provide juvenile housing and treatment.”

Wilmoth’s administrative order, according to the court’s decision, directed DHS to operate the Children’s Home “until such time as there exists within this State adequate and appropriate housing and treatment to address and provide for the many and various needs of at-risk juveniles in this State as set forth by statute.” The order stated that the Children’s Home “serves in the capacity” of meeting some or all of the obligations outlined in West Virginia Code 49-2-101.

On Dec. 11, according to the decision, DHS filed a petition to the Supreme Court of Appeals for a writ of prohibition “seeking to prohibit Judge Wilmoth from enforcing the administrative order.”

In their decision to grant the DHS the writ of prohibition against Wilmoth’s order, the Supreme Court of Appeals states that, “put simply,” Wilmoth did not identify any legal authority that would support “this unusual use of an administrative order,” nor did the court identify any.

“Setting aside the fact that no person or entity requested judicial action, and that Judge Wilmoth acted unilaterally, mandamus does not lie here because DHS has no nondiscretionary duty to keep the Children’s Home open,” the Supreme Court of Appeals decision stated. “More problematically, this recognition of DHS’s authority compels the conclusion that Judge Wilmoth exceeded his own.”

Built in 1909 with additions made in 1916 and 1935, the Children’s Home had been “well-maintained” over the years but faced “challenges due to its age and structural requirements,” according to DHS. Low numbers of juveniles in the facility were also an issue that led to the closure. According to the Supreme Court of Appeals, by the end of October 2024, the facility housed only two juveniles.

“The facility currently operates at an annual program cost of approximately $1.7 million due to its continuous 24/7 operation,” the DHS press release from November said. “Typically, there is an average of two to five children at the facility, with capacity for seven male residents. Additionally, a recent study by ZMM Architects highlighted the need for $7.8 million in deferred maintenance and safety measures to bring the historic building up to code.”

In 2023, Dr. Cynthia Persily, secretary of the Department of Human Services, made a report on her findings from her visit to the WVCH to the Legislative Oversight Commission on Health and Human Resources.

“One facility that has been on my mind is the West Virginia Children’s Home, which is a nonsecure residential facility for children ages 12 to 18 in Elkins,” Persily said. “It has a very small census since COVID, since the pandemic, but I was urged to visit that site to really look at that facility. It is a historic property. It was built in 1909, and it is in clear need of attention.”

Persily told the commission that, from looking at the property, she could tell it was not ADA-compliant with no handicap accessibility.

The Children’s Home closed on Dec. 31. Gov. Jim Justice said in November that the state’s decision to close the Children’s Home was “just the right and smart thing to do.”

The Inter-Mountain contacted Wilmoth’s office Wednesday, but a representative said he declined to comment.