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STATE v. JULIE G.

No. 24580.

500 S.E.2d 877 (1997)

201 W.Va. 764

STATE of West Virginia, Petitioner Below, Appellant, v. JULIE G., Natural Mother of Emily G., an Infant; and John F., Natural Father of Emily G., an Infant, Respondents Below, Appellees, Emily G., an Infant, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 17, 1997.

Dissenting Opinion of Chief Justice Workman December 18, 1997.

Attorney(s) appearing for the Case

Cathryn A. Nogay, Weirton, Guardian ad Litem, for Appellant.

Thomas D. Hagg, Assistant Prosecuting Attorney for Hancock County, Weirton, for Appellant State of West Virginia.

F. William Brogan, Jr., Public Defender Corp., First Circuit, Weirton, for Appellee Julie G.

DAVIS, Justice:

In this child abuse and neglect action, Emily G.,1 an infant, through her Guardian ad Litem, appeals an order of the Circuit Court of Hancock County finding that she was not a neglected child as defined in West Virginia Code § 49-1-3(g)(1)(A). We find that the circuit court failed to consider relevant evidence developed during Emily's mother's improvement period....

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