CHARLESTON — A mother is suing the West Virginia Department of Health and Human Resources, citing the agency's alleged breach of duty in the woman's efforts to regain custody of her children.
Jessica Cadle filed her complaint against the department in Kanawha Circuit Court, alleging that the defendant refuses to return the woman's three children, referred to as S.S., S.S. and S.S. in the lawsuit, to their mother. According to the suit, Cadle was preparing to retrieve one of her children from Highland Hospital on Sept. 23, 2015 when the defendant filed an Emergency Abuse and Neglect Petition in the Circuit Court of Fayette County, with an accompanying order that removed the custody of S.S. and his two siblings from plaintiff. The defendant allegedly made claims that Cadle refused to provide appropriate medical care for her children.
However, despite the fact that the abuse and neglect case was dismissed on Oct. 14, 2015, Cadle's lawsuit states that she was still not permitted to contact her children. The plaintiff holds West Virginia Department of Health and Human Resources responsible because the defendant allegedly failed to follow the provisions of West Virginia law by keeping children in their care with no contact from their mother despite the fact that the case of abuse and neglect was dismissed.
Cadle requests a trial by jury and seeks judgment for damages in an amount consistent with the pain and suffering endured and punitive damages. She is represented by Daniel R. Grindo of Law Office of Daniel R Grindo, PLLC in Gassaway.
Kanawha Circuit Court Case number 19-C-33