No. 22-12

D. H. v. West Virginia Department of Health and Human Resources, et al.

Lower Court: West Virginia
Docketed: 2022-07-05
Status: Denied
Type: Paid
Response Waived
Tags: 14th-amendment burden-of-proof child-welfare due-process parental-rights state-intervention
Latest Conference: 2022-09-28
Question Presented (from Petition)

Whether, for the purposes of the due process rights guaranteed to natural parents under the 14th Amendment, is it Constitutional to terminate the natural mother's parental rights to her surviving child based on her refusal to confess to allegations when the state bears the burden of proof by statute?

Question Presented (AI Summary)

Whether the termination of a natural mother's parental rights based on her refusal to confess to allegations when the state bears the burden of proof is constitutional under the 14th Amendment's due process rights

Docket Entries

2022-10-03
Petition DENIED.
2022-08-10
DISTRIBUTED for Conference of 9/28/2022.
2022-07-15
Waiver of right of respondent West Virginia Department of Health and Human Resources to respond filed.
2022-04-29
Petition for a writ of certiorari filed. (Response due August 4, 2022)

Attorneys

D.H.
Daniel Kevin ArmstrongArmstrong Law PLLC, Petitioner
West Virginia Department of Health and Human Resources, et al.
Lindsay Sara SeeOffice of the West Virginia Attorney General, Respondent