E.H. v. Matin, AFL-CI
| Court | Supreme Court of West Virginia |
| Writing for the Court | PER CURIAM |
| Citation | 189 W.Va. 445,432 S.E.2d 207 |
| Parties | E.H., et al., Petitioners Below, Appellees, v. MATIN, et al., Respondents Below, W. Donald Weston, M.D., Acting Director, West Virginia Department of Health and Human Resources, Respondent Below, Appellant, District 1199, the Health Care and Social Service Union-Seiu,ntervenor. |
| Docket Number | AFL-CI,No. 21467,I |
| Decision Date | 24 June 1993 |
Page 207
v.
MATIN, et al., Respondents Below,
W. Donald Weston, M.D., Acting Director, West Virginia
Department of Health and Human Resources,
Respondent Below, Appellant,
District 1199, the Health Care and Social Service
Union-Seiu, AFL-CIO, Intervenor.
Decided June 24, 1993.
1. " W.Va.Code, 27-5-9 [1977] requires a system of custody and treatment in State mental hospitals which reflects the competent application of current, available scientific knowledge." Syl. pt. 2, E.H. v. Matin, 168 W.Va. 248, 284 S.E.2d 232 (1981).
2. "It is the obligation of the State to provide the resources necessary to accord inmates of State mental institutions the rights which the State has granted them under W.Va.Code, 27-5-9 [1977]." Syl. pt. 3, E.H. v. Matin, 168 W.Va. 248, 284 S.E.2d 232 (1981).
Page 208
[189 W.Va. 446] Daniel F. Hedges, Charleston, for appellant.
Darrell V. McGraw, Jr., Atty. Gen., Thomas M. Woodward, Deputy Atty. Gen., Charleston, for appellees.
Larry Harless, Charleston, for intervenor.
PER CURIAM:
On February 25, 1993, this Court rendered an opinion in the case styled E.H. v. Matin, 189 W.Va. 102, 428 S.E.2d 523 (1993). In that opinion this Court reversed the September 1, 1992, order of the Circuit Court of Kanawha County and held that the circuit court erred in enjoining the appellant, W. Donald Weston, M.D., Acting Director of the West Virginia Department of Health and Human Resources, from proceeding with the construction of a new psychiatric facility. Furthermore, in an earlier decision styled E.H. v. Matin, 168 W.Va. 248, 284 S.E.2d 232 (1981), this Court remanded the case to the circuit court to oversee development of the comprehensive mental health plan. However, in the February 25, 1993, opinion, this Court delayed the remand for thirty days so that the parties could file written responses advising the Court of whether there is any need for continued monitoring by the Circuit Court of Kanawha County.
The facts may be found in the case styled E.H. v. Matin, 189 W.Va. 102, 428 S.E.2d 523 (1993) (hereinafter Matin II ). See also E.H. v. Matin, 168 W.Va. 248, 284 S.E.2d 232 (1981) (hereinafter Matin I ). After hearing oral arguments and reviewing the written responses of the parties, this Court is of the opinion that the court monitor shall be continued...
To continue reading
Request your trial
-
W. Va. Dep't of Health & Human Res. v. E.H., Nos. 14–0664
...by the parties regarding whether continued court monitoring was necessary, the Court issued its opinion in E.H. v. Matin(“Matin III”), 189 W.Va. 445, 432 S.E.2d 207 (1993), retaining the court monitor for at least eighteen additional months, or longer if shown to be necessary.In 2002, the p......
-
W. Va. Dep't of Health & Human Res. v. E.H., No. 14–0965.
...until 2002 when, by agreement of the parties, the case was removed from the active docket of the court.8See E.H. v. Matin(“Matin III”), 189 W.Va. 445, 432 S.E.2d 207 (1993)(approving continued circuit court monitoring). In that same year, the DHHR decided to create the Office of the Ombudsm......
-
W. Va. Dep't of Health & Human Res. v. E.H., No. 14-0664
...by the parties regarding whether continued court monitoring was necessary, the Court issued its opinion in E.H. v. Matin ("Matin III"), 189 W.Va. 445, 432 S.E.2d 207 (1993), retaining the court monitor for at least eighteen additional months, or longer if shown to be necessary. In 2002, the......
-
State ex rel. Matin v. Bloom, No. 34582.
...the parties to file briefs on whether continued monitoring by the circuit court was appropriate. Four months later, in E.H. v. Matin, 189 W.Va. 445, 432 S.E.2d 207 (1993) ("Matin III"), the Court held that the reasons for continued circuit court monitoring outweighed the reasons in support ......
-
W. Va. Dep't of Health & Human Res. v. E.H., Nos. 14–0664
...by the parties regarding whether continued court monitoring was necessary, the Court issued its opinion in E.H. v. Matin(“Matin III”), 189 W.Va. 445, 432 S.E.2d 207 (1993), retaining the court monitor for at least eighteen additional months, or longer if shown to be necessary.In 2002, the p......
-
W. Va. Dep't of Health & Human Res. v. E.H., No. 14–0965.
...until 2002 when, by agreement of the parties, the case was removed from the active docket of the court.8See E.H. v. Matin(“Matin III”), 189 W.Va. 445, 432 S.E.2d 207 (1993)(approving continued circuit court monitoring). In that same year, the DHHR decided to create the Office of the Ombudsm......
-
W. Va. Dep't of Health & Human Res. v. E.H., No. 14-0664
...by the parties regarding whether continued court monitoring was necessary, the Court issued its opinion in E.H. v. Matin ("Matin III"), 189 W.Va. 445, 432 S.E.2d 207 (1993), retaining the court monitor for at least eighteen additional months, or longer if shown to be necessary. In 2002, the......
-
State ex rel. Matin v. Bloom, No. 34582.
...the parties to file briefs on whether continued monitoring by the circuit court was appropriate. Four months later, in E.H. v. Matin, 189 W.Va. 445, 432 S.E.2d 207 (1993) ("Matin III"), the Court held that the reasons for continued circuit court monitoring outweighed the reasons in support ......