West Virginia Supreme Court

In Re: F.S. and Z.S.

May 9, 2014233 W. Va. 538

Summary

The court reversed the dismissal of an abuse-and-neglect petition alleging that the father sexually abused F.S. It held that the evidence, including the child's repeated, detailed disclosures and supporting testimony, satisfied the clear-and-convincing-evidence standard despite inconsistencies and the absence of physical evidence. The court remanded for adjudication of F.S. and Z.S. as abused children and for further proceedings.