STATE of West Virginia ex rel. Kathryn KUTIL and Cheryl Hess, Petitioners
v.
Honorable Paul M. BLAKE, Jr., Judge of the Circuit Court of Fayette County, and the West Virginia Department of Health and Human Resources, Respondents.
Supreme Court of Appeals of West Virginia.https://leagle.com/images/logo.png
Submitted March 11, 2009.
Decided June 5, 2009.
Attorney(s) appearing for the Case
Anthony Ciliberti, Jr., Ciliberti Law Office, PLLC, Fayetteville, for Petitioner.
Ancil G. Ramey, Hannah B. Curry, Steptoe & Johnson, Charleston, for the Respondent, Paul M. Blake, Jr., Judge.
Darrell V. McGraw, Jr., Attorney General, Charleston, Angela Alexander Ash, Office of the Attorney General, Princeton, Thomas J. Steele, Jr., Fayette County Prosecuting Attorney's Office, Fayetteville, for the Respondent, West Virginia Department of Health and Human Resources.
Thomas K. Fast, Fast Law Office, Fayetteville, for Guardian Ad Litem.
Robert M. Bastress, Jr., Law Office of Robert M. Bastress, Jr., Allan N. Karlin, Jane E. Peak, Allan N. Karlin & Associates, Morgantown, Maura Monaghan (Admitted Pro Hoc Vice), Eliza M. Sporn (Admitted Pro Hoc Vice), Alison J. Page (Admitted Pro Hoc Vice), Andrea Glen (Admitted Pro Hoc Vice), Debevoise & Plimpton, New York, NY, for Amicus Curiae, National Association of Social Workers, National Association of Social Workers—West Virginia Chapter, The Evan B. Donaldson Adoption Institute, North American Council on Adoptable Children, West Virginia Coalition Against Domestic Violence.
Sharon M. McGowan (Admitted Pro Hoc Vice), ACLU Foundation, Washington, D.C., Terri S. Bauer, ACLU of West Virginia Foundation, Charleston, for Amicus Curiae, ACLU, ACLU of West Virginia, People for American Way Foundation.
James A. Campbell (Admitted Pro Hoc Vice), Alliance Defense Fund, Scottsdale, Arizona, Jeremiah G. Dys, Family Council of West Virginia, Charleston, for Amicus Curiae, Family Policy Council of West Virginia.
Stephen G. Skinner, Laura C. Davis, Skinner Law Firm, Charles Town, Gregory N. Nevins (Admitted Pro Hoc Vice), Lambda Legal Defense and Education Fund, Inc., Atlanta, GA, for Amicus Curiae, Foster Care Alumni Association, CASA of the Eastern Panhandle, Inc., COLAGE, Fairness West Virginia.
Richard E. Holtzapfel, Holtzapfel Law Offices, PLLC, Hurricane, for Amicus Curiae, The American College of Pediatricians.
Supreme Court of Appeals of West Virginia.
PER CURIAM:
By means of this original jurisdiction action, Kathryn Kutil and Cheryl Hess (hereinafter collectively referred to as "Petitioners") seek a writ of prohibition to bar enforcement of the November 21, 2008, order1 of the Circuit Court of Fayette County. Petitioners specifically are seeking to prevent the female infant, Baby Girl C. (hereinafter "B.G.C."),2 from being removed from their foster home...
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