In re K.P.
235 W. Va. 221
W. Va.2015Background
- DHHR and GAL appeal a circuit court dismissal of an abuse/neglect petition against R.C. and A.C.
- K.P., age 13, disclosed sexual misconduct by her stepfather R.C.; DHHR removed all children from the home.
- Amended petition added emotional abuse allegations against A.C. based on post-disclosure conduct.
- Evidence centered on K.P.’s consistent disclosures across multiple interviews and lack of counterevidence from R.C. who remained silent at adjudicatory hearing.
- Circuit court held DHHR failed to prove abuse by clear and convincing evidence and dismissed the petitions.
- Court reverses, holds R.C. and A.C. are abusing parents/abused children, and remands for adjudication and disposition proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Silence as evidence of culpability | DHHR argues RC’s silence is affirmative evidence of abuse | RC argues silence cannot prove abuse | Silence can be evidence of culpability; circuit court erred |
| Sufficiency of evidence of RC’s abuse | K.P.’s consistent accounts support abuse finding | Defense challenges credibility and gaps | Clear and convincing evidence supports RC’s abuse finding |
| Post-disclosure conduct by A.C. as emotional abuse | A.C. taunted and pressured K.P. to stay silent | A.C. denied active abuse and argued no pre-disclosure knowledge | A.C.’s post-disclosure conduct constitutes emotional abuse; adjudication warranted |
| Protective scope for other children in home | At-home abuse risk extends to I.C.-1, I.C.-2, G.C. | No direct abuse alleged against them beyond risk | Other children may be adjudicated abused under home-alone risk standard |
Key Cases Cited
- Doris S., 197 W.Va. 489 (1996) (silence may be considered evidence of civil culpability in abuse/neglect)
- In re Daniel D., 211 W.Va. 79 (2002) (protective orders and Fifth Amendment considerations in concurrent civil/criminal cases)
- In re F.S., 233 W.Va. 538 (2014) (clear and convincing evidence standard in abuse/neglect; credibility weighed heavily)
- In re Tiffany Marie S., 196 W.Va. 223 (1996) (standard for reviewing findings of abuse/neglect on appeal)