West Virginia Supreme Court

In Re Emily G.

October 29, 2009224 W. Va. 390

Summary

The court held that a circuit court may not dismiss an abuse-and-neglect petition without first holding the hearing mandated by statute. It vacated the dismissal, reinstated the petition, and remanded for a hearing and compliance with statutory participation and representation requirements. The court did not decide whether Emily was actually abused or neglected or whether parental rights should be terminated.