State ex rel. West Virginia Department of Health & Human Services v. Honorable Lora A. Dyer (Signed Opinion)
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The Supreme Court granted a writ of prohibition requested by Petitioners, West Virginia Department of Health and Human Resources (DHHR) and guardian ad litem of six minor children, seeking to prohibit the circuit court from granting a post-adjudicatory improvement period to Respondents, the children's parents, holding that the circuit court committed a clear legal error.
DHHR filed an abuse and neglect petition requesting emergency custody due to the threat of imminent danger to Respondents' five adopted children and one foster child. The circuit court entered an order adjudicating Respondents as abusive. The DHHR subsequently sought termination and the guardian ad litem recommended termination and that post-dispositional improvement periods be denied. The circuit court, however, granted Respondents a six-month post-adjudicatory improvement period. This writ of prohibition followed. The Supreme Court granted the writ, holding that the circuit court misapprehended the evidence, failed to consider probative evidence, and failed to consider the best interests of the children. The Court remanded the case to the circuit court for entry of an order terminating Respondents' custodial and parental rights.
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