Hardy v. BH EX REL. GH

WORKMAN, C.J.:

This ease is before the Court upon an appeal of the Department of Health and Human Resources (“DHHR”) from an Order of the Circuit Court of Kanawha County, West Virginia, entered on July 6, 2010, directing the DHHR to reinstate B.H.’s 1 benefits under the West Virginia Mentally Retarded/Developmentally Disabled Waiver Program (“Waiver Program”). The DHHR argues that the circuit court erred in placing the burden of proof on it rather than on the claimant, the Respondent B.H.; in failing to apply the non-mental retardation norms to the Respondent because B.H. does not have a…