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IN RE R.S.

No. 20-0565.

855 S.E.2d 355 (2021)

IN RE: R.S.

Supreme Court of Appeals of West Virginia.

Filed: March 16, 2021.

Attorney(s) appearing for the Case

Carlie M. Fisher, Esq. , Schrader, Companion, Duff & Law, PLLC, Wheeling, West Virginia, Counsel for Petitioners, H.G. and B.G., Mark D. Panepinto, Esq., Panepinto Law Offices, Wheeling, West Virginia, Guardian ad Litem for the child, R.S.

Patrick Morrisey, Esq. , Attorney General, Charleston, West Virginia, Lee Niezgoda, Esq. , Assistant Attorney General, Fairmont, West Virginia, Counsel for Respondent, Department of Health and Human Resources.

This appeal concerns two foster families seeking permanent placement of the child, R.S.1 The circuit court ruled that new legislation, including W. Va. Code § 49-2-126(a)(6) (2020), mandated that R.S. be placed in the same home as his siblings. It determined that "there is nothing in this statute...

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