WEST VIRGINIA DHHR v. C. P.

No. 19-0802.

857 S.E.2d 622 (2021)

WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES, Respondent Below, Petitioner v. C. P., Petitioner Below, Respondent.

Supreme Court of Appeals of West Virginia.

Filed: April 23, 2021.


Attorney(s) appearing for the Case

Patrick Morrisey, Esq. , Attorney General, Lindsay S. See, Esq. , Solicitor General, Thomas T. Lampman, Esq. , Assistant Solicitor General, Charleston, West Virginia, Counsel for Petitioner.

James R. Milam II, Esq. , James R. Milam II Attorney at Law, PLLC, Summersville, West Virginia, Counsel for Respondent.

Colleen C. McCulloch, Esq. , Chair, J. Zak Ritchie, Esq. , Vice Chair, Unlawful Practice of Law Committee, West Virginia State Bar, Charleston, West Virginia, Counsel for Amicus Curiae Unlawful Practice, Of Law Committee of the West Virginia State Bar.

Rebecca D. McDonald, Esq. , West Virginia Department of Transportation, Charleston, West Virginia, Counsel for Amicus Curiae West Virginia, Department of Transportation.


This is an appeal from the August 9, 2019, order of the Circuit Court of Webster County vacating the West Virginia Department of Health and Human Resources' ("DHHR") 2005 finding of maltreatment by respondent C. P. as to her then-twelve-year-old son, A. C.1 The circuit court concluded that the decision of...

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