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

(Filed May 15, 2002)

While I concur with the majority’s decision that a Huffman-type hearing1 must be held, I part ways with the majority’s determination that no discrimination results by applying this Court’s holding in Kathy L.B. v, Patrick J.B., 179 W.Va. 655, 371 S.E.2d 583 (1988), that the mother may recover the birth expenses from the child’s natural father in a paternity action, to require a biological father to be responsible for the entirety of the birth expenses where the mother was *184granted birth and medical benefits from the DHHR. See id. at syl. pt. 1, 371 S.E.2d 583.1 also take…