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IN RE BRANDON LEE B.

No. 29701.

567 S.E.2d 597 (2002)

211 W.Va. 587

In re: BRANDON LEE B. Jerry L. S., II and Lisa A. S., Current Foster Parents, Intervenors Below.

Supreme Court of Appeals of West Virginia.

Decided December 7, 2001.

Concurring and Dissenting Opinion of Justice Albright December 11, 2001.

Attorney(s) appearing for the Case

Sidney H. Bell, Prosecuting Attorney, Welch, Darrell V. McGraw, Jr., Attorney General, Charlene Vaughan, Deputy Attorney General, Charleston, for Appellant West Virginia Department of Health and Human Resources.

Gerald R. Linkous, Esq., Princeton, Guardian ad Litem.

Floyd A. Anderson, Steven K. Mancini, McDowell County Public Defender's Office, Welch, for Carrie Q.B., Mother.

Gloria M. Stephens, Esq., Welch, for Ahmed A., Father.

Jann E. Hoke, Esq., Branchland, for Intervenors.

PER CURIAM.

This is an appeal by the West Virginia Department of Health and Human Resources from an order of the Circuit Court of McDowell County dismissing a child abuse and neglect action and directing that Brandon Lee B., the infant named in the petition, be returned to his mother. On appeal, the Department of Health and Human Resources argues that the evidence in the case is clear and convincing that Brandon Lee B.'s mother has neglected him, and is unfit to have...

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