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STATE EX REL. WALKER v. MENTAL HYGIENE

Record No. 32514.

614 S.E.2d 727 (2005)

217 W.Va. 80

STATE of West Virginia ex rel. Martha Yeager WALKER, Secretary, West Virginia Department of Health and Human Resources; Eugenie P. Taylor, Acting Commissioner, Bureau of Behavioral Health and Health Facilities; and Jack C. Clohan, Jr., Chief Administrator, William R. Sharpe, Jr. Hospital; and Mary Beth Carlisle, Chief Administrator, Mildred Mitchell-Bateman Hospital, Petitioners, v. The MENTAL HYGIENE COMMISSIONERS of Boone, Cabell, Clay, Kanawha, Lincoln, Mason, Mercer, Nicholas, Putnam, Wayne, Webster, and Wyoming Counties, Respondents.

Supreme Court of Appeals of West Virginia.

Decided May 27, 2005.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, Stephen J. Small, Senior Assistant Attorney General, Charleston, for the West Virginia Department of Health and Human Resources.

John M. Hedges, Esq., Teresa J. Lyons, Esq., Byrne & Hedges, Morgantown, for Respondents.

WRIT OF PROHIBITION

STARCHER, J.

In the instant case we hold that under West Virginia's mental hygiene system, persons for whom there has not been a probable cause determination may not be automatically sent to state psychiatric hospitals by virtue of a "blanket" court order. However, the West Virginia Department of Health and Human Resources (which operates the state's psychiatric hospitals) has a duty to cooperate with the circuit courts, local officials...

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