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STATE v. FOX

No. 32847.

624 S.E.2d 834 (2005)

218 W.Va. 397

STATE of West Virginia ex rel. the WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES, Petitioner, v. The Honorable Fred FOX, Judge of the Circuit Court of Marion County; and Miranda M. and Charles M., Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 17, 2005.

Dissenting Opinion of Justice Maynard December 2, 2005.

Concurring Opinion of Justice Starcher December 15, 2005.

Concurring Opinion of Justice Benjamin December 20, 2005.

Attorney(s) appearing for the Case

Rocco Fucillo, Fairmont, for Petitioner, West Virginia Department of Health and Human Resources.

Natalie J. Sal, Morgantown, for Respondent, Miranda M.

Frances C. Whiteman, Fairmont, Guardian Ad Litem for Infant Child.

Sean Murphy, Morgantown, for Respondent, Charles M.

PER CURIAM:

The West Virginia Department of Health and Human Resources (hereinafter "WVDHHR") seeks a writ of prohibition to prevent the enforcement of an order of the Circuit Court of Marion County dated August 8, 2005, returning physical and legal custody of the infant child, Sean M. (hereinafter "Sean"),1 to his parents. The WVDHHR argues that the father, Charles M. (hereinafter "Charles"), was responsible for the death of Dominic M...

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