In re McI.

On this record, we agree with Family Court’s finding that the child, five years old at the time of the filing of the petition, was sexually abused but that, while the respondent father had failed to provide a satisfactory explanation for the unrefuted medical evidence indicating such abuse, the evidence as to his actual perpetration of the abuse — statements of the child, which she later retracted and which the respondent refuted in testimony deemed credible by the court — did not meet the requisite preponderance standard. Even though the evidence was insufficient to determine the identity of…