In re Tracy M.

The petitioner, Wayne M., appeals the ruling of the Superior Court (M. Flynn, J.), issued in his appeal of the Franklin District Court’s finding that an abuse petition brought by the New Hampshire Division for Children and Youth Services (DCYS) was substantiated by the evidence. See RSA 169-C:28. The superior court ruled that the petitioner had sexually abused his stepdaughter, Tracy, on sporadic dates between 1981 and July 1989. He raises three issues on appeal: (1) that RSA 169-C:13, which allows proof of abuse or neglect by a preponderance of the evidence, violates his due process rights…