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

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?