State v. JULIE G.

DAVIS, Justice:

In this child abuse and neglect action, Emily G.,1 an infant, through her Guardian ad Litem, appeals an order of the Circuit Court of Hancock County finding that she was not a neglected child as defined in West Virginia Code § 49-l-3(g)(l)(A). We find that the circuit court failed to consider relevant evidence developed during Emily’s mother’s improvement period. Thus, its conclusion that Emily G. was not a neglected child was clearly erroneous.

I

FACTUAL AND PROCEDURAL HISTORY

In March of 1995, the West Virginia Department of Health and Human Resources [hereinafter “DHHR”]…