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IN RE EMILY

No. 26915.

540 S.E.2d 542 (2000)

In re EMILY and Amos B.

Supreme Court of Appeals of West Virginia.

Decided June 16, 2000.

Concurring Opinion of Justice Starcher July 20, 2000.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, Charleston, West Virginia, Katherine M. Mason, Assistant Attorney General, Beckley, West Virginia, and Thomas L. Berry, Assistant Prosecuting Attorney for Mercer County, Princeton, West Virginia, Attorneys for the Appellant, West Virginia Department of Health and Human Resources.

Gerald R. Linkous, Randal W. Roahrig & Associates, Princeton, West Virginia, Attorney for the Appellee, Tracy B. and Angela Ash, Public Defender Corporation, Princeton, West Virginia, Attorney for the Appellee, Amos B. (father).

Thomas L. Fuda, Henderson & Fuda, Bluefield, West Virginia, Guardian ad Litem for the minor children, Emily B. and Amos B. (son).

DAVIS, Justice:

The appellant herein and petitioner below, the West Virginia Department of Health and Human Resources [hereinafter "DHHR"], appeals the September 15, 1999, dispositional order entered by the Circuit Court of Mercer County regarding the minor children Emily B.1 [hereinafter "Emily"] and her brother Amos B. (son) [hereinafter "A.J."]. In that order, the circuit court denied the DHHR's motion to terminate the parental rights...

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