LOGAN -- Grandparents are suing the state child protective services and a private placement agency, alleging their grandchildren were abused while in foster care.
Audrey and Joseph Nelson of Logan County filed a lawsuit Jan. 23 in Logan Circuit Court against the West Virginia Department of Health and Human Resources, NECCO Inc., Zeek Davis and Edward D. Necco, citing negligence, outrageous conduct, gross negligence and reckless conduct.
The lawsuit states the two children, both younger than five years old, were removed from the parents' home and placed with a DHHR approved home through NECCO. Davis was in charge of the Logan DHHR office, the suit states.
The parents’ rights were terminated, but the Nelsons found out they were paternal grandparents to one of the children and petitioned for custody of both of the children, according to the complaint.
Their petition was denied and they went through a lengthy appeal, the complaint states. It was discovered the foster home selected had been closed years earlier by the DHHR because a child had been abused, the complaint states.
The Nelsons eventually won custody and claim the two children were neglected, physically, sexually and emotionally abused while in the foster home.
They are seeking a judgment to fairly compensate for harm and abuse, punitive damages plus all court costs.
The Nelsons are being represented by attorney Susan J. Van Zant.
Logan Circuit Court case number 14-C-26
