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NAPOLEON S. v. WALKER

No. 32046.

617 S.E.2d 801 (2005)

217 W.Va. 254

NAPOLEON S. and Linda S., Plaintiffs Below, Appellants, v. Martha Yeager WALKER, Secretary of West Virginia Department of Health and Human Resources, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Filed: June 10, 2005.

Attorney(s) appearing for the Case

George F. Fordham, Clarksburg, for the Appellants.

Darrell V. McGraw, Jr., Attorney General, Rocco S. Fucillo, Assistant Attorney General, Charleston, for the Appellee.

Justice STARCHER concurs and reserves the right to file a concurring opinion.

ALBRIGHT, Chief Justice.

This is an appeal by Napoleon and Linda S. (hereinafter "Appellants")1 from an order of the Circuit Court of Kanawha County affirming a decision of the West Virginia Department of Health and Human Resources Board of Review (hereinafter "DHHR") determining that the Appellants could not become the adoptive parents of their grandson, Tyler S. The Appellants contend that the lower court erred in failing to apply a...

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