In Re Tyler D.

This abuse and neglect case is before this Court upon appeal of a final order of the Circuit Court of Mineral County entered on July 1, 2002. Pursuant to that order, the abuse and neglect petition brought against the appellee and respondent below, Amanda D., 1 with regard to her three children, Tyler D., Alexander A., and Nevaeh D., was dismissed, and custody of the children was returned to Amanda D. 2

In this appeal, the appellants, the West Virginia Department of Health and Human Resources (hereinafter “DHHR”) and the children’s guardian ad litem, contend that the circuit court erred by…