In re Randy H.

In this appeal from the Circuit Court of Hardy County, we are asked to examine a brief order dismissing a petition alleging abuse and neglect of four children. As set forth below, we reverse the circuit court’s dismissal order, and remand the case for additional proceedings.

I

Facts & Background

On July 28, 2005, the Department of Health and Human Resources (“the DHHR”) filed an abuse and neglect petition that initiated this case. The petition alleged that the respondent, Lucinda H.,1 had through her actions placed four children in her custody— Megan H., Brittany T., April G., and Randy H.2 — in…