Legal Opinion

State Ex Rel. West Virginia Department of Health & Human Resources v. Frazier

West Virginia Supreme Court

Decided December 17, 1996No. 23530PublishedCited by 26 opinions

1Opinion of the Court

WORKMAN, Justice:

The West Virginia Department of Health and Human Resources (“DHHR” or the “Department”), as legal custodian for Steven B. and Justin B., 1 seeks a writ of prohibition against the Honorable John R. Frazier to prevent the placement of these juveniles and any other juveniles into facilities already housing their respective licensed capacities. Additionally, DHHR seeks a directive from this Court 2 stating that circuit court judges are not authorized to make facility-specific placements. 3 Upon thorough consideration of these issues, we deny DHHR’s request for a writ of…

2Cases cited5 opinions

  1. State Ex Rel. Peacher v. SencindiverWest Virginia Supreme Court · 1977
  2. Matter of Jonathan P.West Virginia Supreme Court · 1989
  3. Myers v. FrazierWest Virginia Supreme Court · 1984
  4. State Ex Rel. C. A. H. v. StricklerWest Virginia Supreme Court · 1979
  5. Facilities Review Panel v. CoeWest Virginia Supreme Court · 1992

3Cited by26 opinions

  1. State v. BRANDON B.West Virginia Supreme Court · 2005
  2. E.H. v. MatinWest Virginia Supreme Court · 1997
  3. State v. KENNETH Y.West Virginia Supreme Court · 2005
  4. State Ex Rel. Ohl v. EgnorWest Virginia Supreme Court · 1997
  5. State ex rel. West Virginia Regional Jail & Correctional Facility Authority v. West Virginia Investment Management BoardWest Virginia Supreme Court · 1998

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