WEST VA. DEPT. OF HUMAN SERVICES v. BOLEY

No. 17032

358 S.E.2d 438 (1987)

WEST VA. DEPARTMENT OF HUMAN SERVICES, et al. v. Janet Sue BOLEY and the Fayette County Board of Education.

Supreme Court of Appeals of West Virginia.

June 5, 1987.


Attorney(s) appearing for the Case

Charles G. Brown, Atty. Gen., Mary Beth Kershner, Asst. Atty. Gen., Janet L. Todd, Daniel F. Hedges, Charleston, for appellant.

Gordon E. Billheimer, Jr., Billheimer & Billheimer, Montgomery, WVEA, Charleston, for Janet Boley.

Elton Byron, Beckley, for Fayette Co. Bd. of Ed.


MILLER, Justice.

In this case, we are asked to determine if the circuit court was correct in holding that a public school teacher was not subject to the provisions of W.Va.Code, 49-6-1, et seq., our child neglect and abuse statute, for alleged abuse of children in her classroom. We affirm the circuit court's holding.

Initially, we observe that there is no express language in this statute that places teachers within the purview of the statute. The petitioners...

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