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

MAYNARD, Justice:

The petitioner, Daniel M., in this original proceeding in mandamus and/or prohibition seeks to prohibit the respondent, Joan Ohl, Secretary of the Department of Health and Human Resources (DHHR), from withholding funding and to compel DHHR to pay for his placement at Charter Behavioral Health Systems at Piedmont (Piedmont). Because the circuit court properly ordered the out-of-state placement and because it is the duty of DHHR to fund the placement, a writ of mandamus is granted.1

The facts are not in dispute. Daniel M. is a fifteen year old runaway who was adjudged guilty of…