Preview:

Panel v. Coe
IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA January 1991 Term ___________ No. 19123 ___________ FACILITIES REVIEW PANEL; JAY MONTGOMERY BROWN, FRANKLIN D. CLECKLEY, DANIEL F. HEDGES, BRADLEY PYLES, AND GREGORY WAGNER, MEMBERS; AND TAUNJA WILLIS MILLER, COMMISSIONER, WEST VIRGINIA DEPARTMENT OF HUMAN SERVICES Petitioners, v. JUANITA COE, CIRCUIT CLERK OF WOOD COUNTY; HONORABLE ARTHUR N. GUSTKE, JUDGE OF THE CIRCUIT COURT OF WOOD COUNTY, Respondents _______________________________________________________ Petition for Writ of Mandamus WRIT GRANTED AS MOULDED _______________________________________________________ Submitted: February 5, 1991 Rehearing Granted: July 25, 1991 Filed as Modified: October 17, 1991 Mary M. Downey Charleston, West Virginia Attorney for Facilities Review Panel John Shank Senior Assistant Attorney General Charleston, West Virginia Attorney for Department of Human Services George M. Scott Spencer, West Virginia Attorney for the Respondent Judge Gustke JUSTICE BROTHERTON delivered the Opinion of the Court. SYLLABUS BY THE COURT 1. "Young children should not be placed in secure detention except in the most extraordinary cases." Syllabus point 5, State ex rel. M.C.H. v. Kinder, ___ W.Va. ___, 317 S.E.2d 150 (1984). 2. The juvenile detention standards adopted by this Court are in accord with our State law as set forth in W.Va. Code

Download 19123.pdf

West Virginia Law