State ex rel. West Virginia Department of Health & Human Resources v. Fox

The West Virginia Department of Health and Human Resources (hereinafter “WVDHHR”) seeks a writ of prohibition to prevent the enforcement of an order of the Circuit Court of Marion County dated August 8, 2005, returning physical and legal custody of the infant child, Sean M. (hereinafter “Sean”),1 to his parents. The WVDHHR argues that the father, Charles M. (hereinafter “Charles”), was responsible for the death of Dominic M. (hereinafter “Dominic”), the sibling of Sean; therefore, Sean should not be returned to the custody of his parents, Charles and Miranda M. (hereinafter “Miranda”). Based…