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IN RE RANDY H.

No. 33086.

640 S.E.2d 185 (2006)

In re: RANDY H., April G., Brittany T., and Megan H.

Supreme Court of Appeals of West Virginia.

Decided: November 30, 2006.

Attorney(s) appearing for the Case

Joyce E. Stewart, Esq., Saville & Stewart, Romney, for Appellant Brittany T.

Marla Zelene Harman, Esq., Franklin, Guardian Ad Litem for Appellants Randy H., and April G.

Patricia L. Kotchek, Esq., Geary & Geary, Petersburg, for Appellee Lucinda H.

Darrell V. McGraw, Jr., Attorney General, C. Carter Williams, Assistant Attorney General, Petersburg, for Appellee West Virginia Department of Health & Human Resources.

STARCHER, J.

In this appeal from the Circuit Court of Hardy County, we are asked to examine a brief order dismissing a petition alleging abuse and neglect of four children. As set forth below, we reverse the circuit court's dismissal order, and remand the case for additional proceedings.

I.

Facts & Background

On July 28, 2005, the Department of Health and Human Resources ("the DHHR") filed an abuse and neglect petition that initiated...

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