State of West Virginia ex rel. Pressley Ridge; Elkins Mountain School; Academy Management, LLC; Stepping Stones, Inc.; Stepping Stone, Inc.; Family Connections, Inc.; and Board of Child Care of the United Methodist Church, Inc. v. West Virginia Department of Health and Human Resources; Karen L. Bowling; West Virginia Bureau for Medical Services; Cynthia Beane; West Virginia Bureau for Children and Families; and Nancy Exline

Summary

The Supreme Court of Appeals of West Virginia granted a writ of mandamus as moulded in a challenge by residential child-care providers to proposed changes in reimbursement and service policies implemented by the West Virginia Department of Health and Human Resources and related agencies. Because the record was insufficient to determine whether the changes conflicted with existing law or required legislative rulemaking, the Court transferred the matter to the Circuit Court of Kanawha County for evidentiary proceedings and further orders. The Court emphasized the role of circuit courts in determining appropriate placements for children and the need for interbranch cooperation.

Holdings

1. A writ of mandamus will not issue unless the petitioner has a clear legal right to the relief sought, the respondent has a legal duty to perform the compelled act, and there is no other adequate remedy.
2. The existing record was insufficient to determine whether the petitioners had a clear legal right to require legislative rulemaking or whether the respondents had a legal duty to undertake it before implementing the new policies.
3. The mandamus matter should be docketed and proceed in the Circuit Court of Kanawha County as if originally brought there, with factual hearings and specified submissions concerning the altered policies, their compliance with law, their effect on judicial discretion, and the need for legislative rulemaking.

Questions Presented

1. Whether the petitioners had established a clear legal right to require the respondents to promulgate new or amended legislative rules before implementing the proposed residential child-care and reimbursement policies.
2. Whether the respondents had a corresponding legal duty to complete legislative rulemaking before implementing the proposed policy changes.
3. Whether the Supreme Court could resolve the mandamus petition on the existing record or should transfer the matter to the circuit court for evidentiary proceedings.

Disposition

writ_granted