Supreme Court of the United States · Official docket →
D. H. v. West Virginia Department of Health and Human Resources, et al.
Paid petition · Supreme Court of Appeals of West Virginia, No. 21-0626 · judgment February 1, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The West Virginia Statute for Abuse and Neglect falls under the West Virginia Child Welfare Act, found at § 49-1-101 et seq., is a remedial statute designed to help families in crisis access state resources to preserve the family or protect children. The questions presented, upon which the court is asked to opine is: 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?
Counsel of record
For petitioner
Daniel Kevin Armstrong
Armstrong Law PLLC
For respondent
Lindsay Sara See
Office of the West Virginia Attorney General
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 03 2022Petition DENIED.
- Aug 10 2022DISTRIBUTED for Conference of 9/28/2022.
- Jul 15 2022Waiver of right of respondent West Virginia Department of Health and Human Resources to respond filed.
- Apr 29 2022Petition for a writ of certiorari filed. (Response due August 4, 2022)