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DEPT. OF HEALTH AND HUMAN RESOURCES v. E.H.

No. 14-0965.

778 S.E.2d 728 (2015)

WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES, Bureau for Behavioral Health and Health Facilities, Petitioners v. E.H., et al., Respondents.

Supreme Court of Appeals of West Virginia.

Decided October 15, 2015.

Dissenting Opinion of Justice Davis October 22, 2015.

Attorney(s) appearing for the Case

Patrick Morrisey, Esq. , Attorney General, Elbert Lin, Esq. , Solicitor General, Julie Marie Blake, Esq. , Assistant Attorney General, Charleston, WV for DHHR.

Jennifer S. Wagner, Esq. , Mountain State Justice, Inc., Clarksburg, WV, Lydia C. Milnes, Esq. , Mountain State Justice, Inc., Charleston, WV, for Respondents.

The West Virginia Department of Health and Human Resources, the Bureau for Behavioral Health and Health Facilities ("DHHR"), seeks to reverse the August 27, 2014, order of the Circuit Court of Kanawha County, through which the DHHR was directed to immediately restore access to patients...

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