State ex rel. Kathryn Kutil and Cheryl Hess v. Hon. Paul M. Blake, Jr., Judge, et al.

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Petitioners seek issuance of a writ of prohibition challenging the circuit court's order of November 12, 2008. Petitioners assert the circuit court acted outside its discretionary authority by ordering WVDH&HR to remove an infant from a foster home to a "traditionally defined home with both a mother and father". Petitioners contend the circuit court removed the infant from their home based on the sexual orientation. Removal of the child would inflict severe emotional trauma to the child.