In Re: Kyiah P. and Joseph P. (concurring)
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No. 30971 In Re: Kyiah P. and Joseph P. FILED July 9, 2003 Starcher, C. J., concurring: RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA I concur in the Court s opinion. I write separately to comment on the circuit judge s decision not to grant the DHHR a second continuance. Courts are busy forums, in which litigants who fail to bring evidence forward in a timely fashion risk having their cases dismissed. If there is no risk of sanctions for delay, there is a correlative tendency for no one to take deadlines seriously. And especially in priority child abuse cases, the court is on a strict timetable. In the instant case, the DHHR should have known what the Virginia authorities position was well before the August 28 hearing, and should have asked for second continuance. Just showing up and saying Sorry, Judge, we re not ready is not acceptable. For this reason, the circuit court s action was, it appears, entirely understandable.
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