IN THE CIRCUIT COURT OF
FAYETTE COUNTY,
WEST VIRGINIA
IN THE INTEREST OF:
Juvenile Abuse Neglect Nos.
S.M. 11/23/2019 22-JA-59
G.M. 07/20/2012 22-JA-61
Judge Thomas H. Ewing
Adult Respondents:
Carman Malicoate
Unknown biological father of S.M.
Michael Toney
ORDER OF PUBLICATION
To Whom It May Concern:
The purpose of this action is to protect the child respondent, S.M. and G.M., from abuse and neglect. The Petitioner, the West Virginia Department of Health and Human Resources, is seeking legal and physical custody of said child respondents, S.M. and G.M. Further, the Petitioner is seeking to locate Michael Toney, the biological father of G.M. and any man claiming to be the biological father of S.M., their whereabouts are unknown. Carman Malicoate is the biological mother of S.M., who was born on November 23, 2019, and G.M., who was born on July 20. 2012.
Counsel for the Petitioner, the West Virginia Department of Health and Human Resources, is William C. Burdick, Assistant Prosecuting Attorney, 108 East Maple Avenue, Fayetteville, West Virginia, 25840.
It appearing that the whereabouts of Michael Toney, the biological father of G.M., and any man claiming to be the biological father of S.M., are presently unknown at this time, it is Ordered that Michael Toney, the biological father of G.M., and any man claiming to be the biological father of S.M., obtain from the Fayette County Circuit Clerk at the Fayette County Courthouse, Fayetteville, West Virginia, the Petition filed in this matter. Michael Toney, the biological father of G.M. and any man claiming to be the biological father of S.M., must appear and defend on or before Friday, Friday July 15, 2022, at 11:30 a.m., in the Courtroom of the Honorable Thomas H. Ewing Fayette County Courthouse Judicial Annex, Fayetteville, West Virginia, at which time an adjudicatory hearing will be held. Failure to answer and defend could result in a default judgment, and loss of parental rights.
Further, it is hereby Ordered that Michael Toney, the biological father of G.M., and any man claiming to be the biological father of S.M., be advised of their right to have counsel at every stage of these proceedings. Michael Toney, the biological father of G.M., and any man claiming to be the biological father of S.M., are further advised that such proceedings may result in the severance of parental rights and the transfer of custody of said children unto the Petitioner.
The child respondents, S.M. and G.M., shall be represented by counsel at every stage of these proceedings. The Guardian ad Litem appointed for said children is Taylor Graham, P.O. Box 570, Summersville, WV 26651, 540.303.2710.
/s/ WILLIAM C. BURDICK
Assistant Prosecuting Attorney
ID: 613513