In Re: P.K.-1 and P.K.-2, 17-0294

DHHR filed abuse-and-neglect petitions in May 2016 alleging that father D.K. sexually abused daughter P.K.-1 (then ~7); P.K.-2 also lived in the home. Mother initially added as respondent but later cleared.
Preliminary hearing found probable cause; adjudicatory hearings were held beginning August 2016.
P.K.-1 testified to multiple instances of digital and other sexual contact (over and under clothing), forcing her brother to touch her, exposure of pornography on father’s phone, and sexualized bathing/playing behaviors.
Two therapists and P.K.-1’s counselor testified that her symptoms and disclosures were consistent with sexual abuse and not suggestive of coaching; father admitted child viewed explicit material on his phone but denied the abuse.
Circuit court found father an abusing parent by clear and convincing evidence and terminated his parental rights; mother retained custody and the children’s permanency plan is to remain with her.

Issue	Petitioner’s Argument (D.K.)	DHHR/Other’s Argument	Held
Whether P.K.-1’s testimony was credible enough to support adjudication	Testimony was dramatically inconsistent (timing of move, girlfriend, numerical estimates) and therefore not credible	Child’s testimony was detailed, consistent on core allegations, and corroborated by therapists; inconsistencies were immaterial	Court affirmed adjudication: testimony credible; inconsistencies not dispositive
Whether witness corroboration was improperly relied upon given family conflict	Mother’s and grandmother’s nearly identical testimony suggests fabrication tied to divorce	Court used their testimony to corroborate child and therapists, not as sole basis; considered potential bias but found overall evidence persuasive	Court found corroboration appropriate and did not err
Whether expert therapist testimony was improperly credited	Therapist’s testimony treated as if forensic evaluation; reliance impermissible	Therapist was properly qualified; court considered her observations and consistency with therapy records	Court found no error in admitting or considering therapist testimony
Whether clear-and-convincing standard was satisfied	Insufficient reliable evidence to meet clear-and-convincing proof of abuse	Testimony, therapy corroboration, admission of pornography exposure met standard	Court held evidence met clear-and-convincing proof; adjudication affirmed

In Interest of Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (1996) (standard for reviewing circuit court fact-findings in bench trials)
In re Cecil T., 228 W.Va. 89, 717 S.E.2d 873 (2011) (articulating standard of review for abuse and neglect findings)
Brown v. Gobble, 196 W.Va. 559, 474 S.E.2d 489 (1996) (definition of clear-and-convincing proof)
In re F.S. and Z.S., 233 W.Va. 538, 759 S.E.2d 769 (2014) (discussing proof requirements in child abuse cases)
In re Emily, 208 W.Va. 325, 540 S.E.2d 542 (2000) (deference to circuit court on witness credibility)
In re Travis W., 206 W.Va. 478, 525 S.E.2d 669 (1999) (credibility determinations reserved for trial court)
Michael D.C. v. Wanda L.C., 201 W.Va. 381, 497 S.E.2d 531 (1997) (reviewing court cannot reassess witness credibility)