Wetzel couple says state wrongfully took grandchild from them

CHARLESTON – A Wetzel County couple is suing over claims their grandchild was wrongfully taken from their custody by Child Protective Services.

Robert Lile and Katrina Dabbs, individually and as next friends of MID, a child under the age of 18, filed a lawsuit July 25 in Kanawha Circuit Court against West Virginia Department of Health and Human Resources, Erica Garcia and LaDella Blair, citing fraud.

According to the complaint, Robert and Katrina Dabbs, paternal grandparents of MID, were appointed as the minor's guardians on Dec. 22, 2010. The plaintiffs say MID's sister was removed from her parents' home by Child Protective Services, whose employee, Garcia, called the plaintiffs July 19, 2012, requesting documents that the plaintiffs promptly faxed.

According to the lawsuit, the plaintiffs were informed that same day by Blair that they had failed to cooperate, that Katrina Dabbs was a documented child abuser, and that they were to attend a hearing July 23 with MID.

The plaintiffs say Garcia physically removed MID from their custody and they did not see him again until October or November. The plaintiffs are accused of fraud, constitutional tort, child concealment and outrage/intentional infliction of emotional distress.

The plaintiffs are represented by attorneys Michael T. Clifford and Richelle K. Garlow of Charleston. The case has been assigned to Circuit Judge Louis Bloom.

The case number is Kanawha Circuit Court case 14-C-1348