State Ex Rel. Miller v. Locke

In this habeas corpus proceeding the relators challenge the constitutionality of W.Va. Code, 49-6-3, the emergency taking provision of the West Virginia Child Welfare Act. After carefully considering the arguments of counsel, we conclude that the statute is constitutional on its face.

On June 15, 1978, respondent, Judge Locke, ordered that custody of infant Elvis Jay Miller be temporarily transferred from the relators, his natural parents, to the West Virginia Department of Welfare. The judge’s order, entered pursuant to the provisions of W.Va. Code, 49-6-3, authorized the transfer even though…