IN THE CIRCUIT COURT OF
RALEIGH COUNTY,
WEST VIRGINIA
Juvenile Abuse Neglect Nos.
2023-JA-080-D
2023-JA-081-D
Judge Andrew G. Dimlich
IN THE INTEREST OF:
Justice Dean DOB: 02/29/2012
Neveah Bickley DOB: 10/23/2014
Adult Respondents:
William Pettry
DOB: 03/05/1988
(Offending Custodian)
Ronnie Dean
DOB: 01/17/1986
(Offending Parent)
Eric England
DOB: 08/12/1974
(Offending Parent)
Sara Pettry
DOB: 01/23/1993,
DOD: 03/05/2023
ORDER CONTINUING
PRELIMINARY HEARING OF
AUGUST 2, 2023
A preliminary hearing was conducted in this matter on August 2, 2023. The following persons were present:
The Department, by Holly Hutchens, CPSW; Todd A. Kirby, Esquire, Assistant Prosecutor; David A. Kirkpatrick, Esquire, counsel for William Pettry; Stacey L. Fragile, Esquire, counsel for Respondent Ronnie Dean; Gerald C. Hayden, Esquire, counsel for Respondent Eric England; P. Michael Magann, Esquire, Guardian ad litem for minor children.
Prior to the onset of the hearing and off the record, counsel for the parties requested a continuance of the preliminary hearing due to Respondent William Pettry being incarcerated and not being transported for today’s hearing. Additionally, Respondents Eric England and Ronnie Dean have not contacted their respective counsel and are not present for today’s hearing. No objections were made and the Court granted the continuance as to all three Respondents.
Based on the foregoing the Court would conclude:
1. The minor children were in imminent harm at the time of the filing of the petition; however, a continuation of the preliminary hearing is warranted based on the circumstances;
2. That continuation in the home is contrary to the best interests of the children because the events leading to the filing of the petition have not been remedied;
3. That the Department has made reasonable efforts to preserve the family and to prevent removal
of the children;
4. That permanency has not been achieved, but the Department has made every reasonable effort to achieve the same. This hearing meets the requirements for foster care review as defined by W. Va. Code § 49-4-110 and W. Va. Code § 49-4-608; and
5. That this hearing complies with judicial review hearings held within the meaning of W. Va. Code § 49-4-110 and W. Va. Code § 49-4-608.
Based upon the findings of fact and conclusions of law, the Court ORDERS the following:
1. That the case is continued status quo;
2. That should it be necessary to protect the health and welfare of the child(ren), sibling separation is at all times deemed appropriate;
3. That visitation, if any, shall be established following an MDT meeting, at which time the MDT shall consider the same;
4. That the infant child(ren) shall remain in the temporary legal and physical custody of the Department of Health and Human Resources with placement of the infant child(ren) to be in the discretion of the Department;
5. That with respect to any children in this proceeding in the custody of the Department of Health and Human Resources, the Department is hereby authorized to give written consent for any medical, dental, psychiatric, or psychological care required for the child(ren)’s welfare, and is authorized to consent to and arrange for the child(ren)’s participation in such educational and cultural activities as required for the child(ren)’s welfare;
6. That child support based on custody being awarded to the State pursuant to W. Va. CodeChapter 49 is intended by this Court to remain in effect so long as the State (or its designee) has physical custody of the child(ren). This support order shall be automatically suspended or terminated without further order when physical custody of the child(ren) is returned to the obligated parent(s) (except for visitation) and automatically reinstated in the event physical custody is returned to the State or its designee. Support fixed at a monthly amount should be prorated by the Bureau of Child Support Enforcement to allow for partial months in and out of custody or where multiple children are covered by the same support obligation;
7. That all prior Orders of this Court shall remain in full force and effect unless specifically amended hereby;
8. That service of a copy of this Order prior to its entry and an attested copy thereafter shall constitute notice of the contents and entry thereof;
9. That any concerned parties may object to its language by filing written objections with the Court and serving counsel of record within five days of entry. The prosecuting attorney’s office shall serve a copy of this Order, via United States mail, on counsel of record the day it is presented to the Court for its signature;
A Continued Preliminary Hearing will be held before this Court on Wednesday, September 13, 2023, at 10:30 a.m., located at the Raleigh County Judicial Center, 222 Main Street, First Floor, Beckley, West Virginia.
The Circuit Clerk shall provide a copy of this Order to the petitioner, all counsel of record, and to any pro se parties and persons entitled to notice.
NOTICE TO ALL PARTIES
AND PERSONS ENTITLED
TO BE HEARD:
This hearing will be held even if, after due notice, any party fails to appear. You may wish to contact the circuit court to verify this hearing date. The permanent termination of parental, custodial, or guardianship rights can be a result of this proceeding.
/s/ Andrew G. Dimlich
Circuit Court Judge
10th Judicial Circuit
Prepared by:
/s/ Todd A. Kirby, Esquire
West Virginia State Bar ID #11600
Assistant Prosecuting Attorney
Post Office Box 907
Beckley, West Virginia 25801
Phone: 304-255-9148
Recipient List:
Todd A. Kirby, Esquire
Assistant Prosecuting Attorney
Post Office Box 907
Beckley, West Virginia 25801
Holly Hutchens, CPSW
WV DHHR
407 Neville Street
Beckley, West Virginia 25801
P. Michael Magann, Esquire
307 Federal Street, Suite 210
Bluefield, West Virginia 24701
Gerald C. Hayden, Esquire
Hayden & Associates
102 McCreery Street
Beckley, West Virginia 25801
David A. Kirkpatrick, Esquire
348 North Kanawha Street
Beckley, West Virginia 25801
Stacey L. Fragile, Esquire
Public Defender Corporation
220 North Kanawha Street, Suite 2
Beckley, West Virginia 25801
E-FILED | 8/4/2023 9:55 AM
CC-41-2023-JA-81
ID: 728774