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STATE EX REL. DIVA P. v. KAUFMAN

No. 23928.

490 S.E.2d 642 (1997)

200 W.Va. 555

STATE of West Virginia ex rel. DIVA P., and the State of West Virginia, Petitioners, v. Honorable Tod J. KAUFMAN, Judge of the Circuit Court of Kanawha County, and Sherry P., Respondents.

Supreme Court of Appeals of West Virginia.

Decided July 11, 1997.

Concurring Opinion of Chief Justice Workman July 22, 1997.

Attorney(s) appearing for the Case

Marilyn T. McClure, McQueen, Harmon, Potter & Cleek, Charleston, for Petitioner Diva P.

William C. Forbes, Prosecuting Attorney, Brenda Waugh, Assistant Prosecuting Attorney, Charleston, for Petitioner State of West Virginia.

Julia B. Shalhoup, Campbell & Turkaly, Charleston, Mary Rich Maloy, Jackson & Kelly, Charleston, for Respondent Sherry P.

Darrell V. McGraw, Jr., Attorney General, Barbara L. Baxter, Assistant Attorney General, Joanna Bowles, Assistant Attorney General, Charleston, for Respondent Department of Health and Human Services.

PETITION FOR A WRIT OF PROHIBITION

DAVIS, Justice:

This case is before the Court on a petition for a writ of prohibition, mandamus and writ of error1 against the Honorable Tod J. Kaufman, Judge of the Circuit Court of Kanawha County, by the petitioners, Diva P. (hereinafter the "child" or "Diva")2 and the State of West Virginia. Sherry P., mother...

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