IN RE SKYELAN H.

No. 33135.

639 S.E.2d 753 (2006)

In re: SKYELAN H., Earl K., Mersadies K. and Cody K.

Supreme Court of Appeals of West Virginia.

Decided: November 17, 2006.


Attorney(s) appearing for the Case

Anita Harold Ashley, Esq., Spencer, Guardian Ad Litem for Appellants.

Drew Patton, Esq., Spencer, for Appellee Earl K.

Thomas N. Whittier, Esq., Hedges, Jones, Whittier & Hedges, Spencer, for Appellee Dawn K. (now Dawn B.).

Darrell V. McGraw, Jr., Attorney General, Rebecca Stollar Johnson, Assistant Attorney General, Charleston, for Appellee West Virginia Department of Health & Human Resources.


PER CURIAM.

In this appeal from the Circuit Court of Roane County, we are asked to consider a circuit judge's order that dismissed an abuse and neglect petition involving four children that was filed by the West Virginia Department of Health and Human Resources ("DHHR"). While we find the judge's decision was likely correct based upon the evidence presented by the parties, we reverse based upon the new circumstances presented during the parties' arguments before this...

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