In re Kyiah P.

This case is before this Court upon appeal of a final order of the Circuit Court of Raleigh County entered on August 29, 2002. Pursuant to that order, the abuse and neglect petition brought against the appellees, Alvin and Stacy P.,1 concerning their two children, Kyiah and Joseph P., was dismissed.2 In this appeal, the appellants, the guardian ad litem on behalf of the children and the Department of Health and Human Resources (“DHHR”), contend that the circuit court erred by dismissing the petition.

This Court has before it the petition for appeal, the entire record, and briefs and argument…