In re C.M.

The West Virginia Department of Health and Human Resources (DHHR) filed a petition alleging abuse and neglect against Father. After an adjudicatory hearing, the circuit court dismissed the abuse and neglect petition, concluding that DHHR failed to meet its burden of proving by clear and convincing evidence that Father was abusive. The Supreme Court reversed, holding that the circuit court’s dismissal of the abuse and neglect petition was clear error because the DHHR presented clear and convincing evidence that Father showed a sexually explicit video to two of his children and engaged in some sort of sexual conduct with one child. View "In re C.M." on Justia Law