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STATE EX REL. DANIEL M. v. W.VA. DHHR

No. 25796.

516 S.E.2d 30 (1999)

205 W.Va. 16

STATE of West Virginia ex rel. DANIEL M., a Juvenile, Petitioner, v. The WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES, and Joan E. Ohl, Secretary, West Virginia Department of Health and Human Resources, Respondents.

Supreme Court of Appeals of West Virginia.

Decided May 14, 1999.

Attorney(s) appearing for the Case

Susan J. MacDonald, Esq., Public Defender Corporation, Charles Town, West Virginia, Attorney for the Petitioner.

Darrell V. McGraw, Jr., Esq., Attorney General, Barbara L. Baxter, Esq., Assistant Attorney General, Charleston, West Virginia, Attorneys for WVDH & HR.

MAYNARD, Justice:

The petitioner, Daniel M., in this original proceeding in mandamus and/or prohibition seeks to prohibit the respondent, Joan Ohl, Secretary of the Department of Health and Human Resources (DHHR), from withholding funding and to compel DHHR to pay for his placement at Charter Behavioral Health Systems at Piedmont (Piedmont). Because the circuit court properly ordered the out-of-state placement and because it is the duty of DHHR to fund the placement...

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