STATE v. MICHAEL M.

Nos. 24879, 24961, 24962.

504 S.E.2d 177 (1998)

202 W.Va. 350

STATE of West Virginia, Petitioner Below, Appellant, v. MICHAEL M., II, and Angela H., Respondents Below, Appellees. STATE of West Virginia, Petitioner Below, Appellant, v. BRIANNA H., infant, Travis H., father, and Melissa Y., mother, Respondents Below, Appellees. STATE of West Virginia, Petitioner Below, Appellant, v. TOBIAS W., infant, et al., Respondents Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided June 22, 1998.


Attorney(s) appearing for the Case

Pamela Jean Games-Neely, Christopher C. Quasebarth, Berkeley County Prosecuting Attorney, Martinsburg, for Appellant.

Tracy Weese, Shepherdstown, for Appellee Michael M., II.

David J. Joel, Martinsburg, for Appellee Angela H.

David A. Camilletti, Shepherdstown, for Appellees Tobias W., Joshua W., and Alicia W.

Paul G. Taylor, Henry, Taylor & Janelle, Martinsburg, for Appellee Brianna H.

Keith L. Wheaton, Martinsburg, for Appellee Melissa Y.

Paul E. Lane Martinsburg, for Travis H.

Amanda L. Lewis, Martinsburg, for Appellee Kelly S.


McCUSKEY, Justice:

These are three consolidated child abuse and neglect cases which cause us to decide the important question of whether foster care or an adoptive home is the preferred permanent placement for a child who has been removed from his or her family following a termination of parental rights. In each case, the appellant, West Virginia Department of Health and Human Resources (the "Department"), challenges a...

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