J.S. ex rel. S.N. v. Hardy

The petitioner, J.S.,1 a minor by his next friend and mother, S.N., appeals the January 14, 2011, order of the Circuit Court of Kanawha County. The circuit court’s order affirmed the decision of Respondent West Virginia Department of Health and Human Resources (“DHHR”) that denied the petitioner’s authorization request for a power wheelchair. Upon our review of this matter, we find that the circuit court applied an erroneous standard of review to the decision of the DHHR Board of Review. Therefore, we reverse the circuit court’s ruling, and we remand to the circuit court for proceedings…