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HARDY v. B.H. EX REL. G.H.

No. 101540.

719 S.E.2d 804 (2011)

Patsy HARDY, Secretary of the Department of Health and Human Resources, Defendant Below, Petitioner v. B.H., a minor, by his next friend and mother, G. H., Plaintiff Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided November 18, 2011.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Esq. , Attorney General, Kimberly Stitzinger-Jones , Assistant Attorney General, Charleston, WV, for Petitioner.

Bruce Perrone, Esq. , Legal Aid of West Virginia, Charleston, WV, for Respondent.

WORKMAN, C.J.

This case is before the Court upon an appeal of the Department of Health and Human Resources ("DHHR") from an Order of the Circuit Court of Kanawha County, West Virginia, entered on July 6, 2010, directing the DHHR to reinstate B.H.'s1 benefits under the West Virginia Mentally Retarded/Developmentally Disabled Waiver Program ("Waiver Program"). The DHHR argues that the circuit court erred in placing the burden of proof on...

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