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

MeGRAW, Justice.

This case is before this Court upon an original petition for a writ of mandamus filed by the petitioners, K. M., a minor child, by her mother and next friend, Katrina M., et al., on March 19, 2002. The respondents are the West Virginia Department of Health and Human Resources and its Secretary, Paul Nusbaum. The petitioners are recipients of monthly checks pursuant to a federally funded program, administered by the respondent DHHR, known as Temporary Assistance for Needy Families (or “TANF”). 42 U.S.C. 601 [1996], et seq. Under the program, the petitioners became eligible to…