WVDHHR v. Virginia Prince

Summary

The document is a concurring opinion addressing a negligence claim against the West Virginia Department of Health and Human Resources and two employees arising from the failure to notify a prospective guardian about a subsidized guardianship provision in an abuse and neglect order. The concurrence agrees that qualified immunity supports summary judgment for the defendants while emphasizing the importance of following through on court directives concerning children.

Holdings

1. The DHHR and its employees are protected by qualified immunity from suit for the alleged negligent acts at issue.

Questions Presented

1. Whether the DHHR and its employees were entitled to qualified immunity from claims based on their alleged negligent failure to pursue or communicate a subsidized guardianship opportunity.
2. Whether summary judgment should be granted to the DHHR and its employees on the basis of qualified immunity.

Disposition

affirmed