In re A.N.

Syllabus

The respondent, Francis N., appealed from a Family Court decree that he neglected his daughter, A.N. On appeal, the respondent argued that this Court should vacate the Family Court's finding of neglect against him because the Department of Children, Youth, and Families (DCYF) failed to demonstrate by clear and convincing evidence that he neglected his daughter and he contended that the trial justice erred by drawing adverse inferences from his assertion of his Fifth Amendment right against self-incrimination. The Supreme Court held that there was clear and convincing evidence to support the trial justice's finding that the respondent neglected his daughter based on the risk of harm to her in relation to his pending criminal case and his failure to provide her with a minimum degree of care, supervision, or guardianship. The Court further held that the trial justice did not err by drawing adverse inferences against the respondent because the Fifth Amendment does not forbid adverse inferences against parties to civil actions when they refuse to testify and at trial the respondent refused to answer questions about his pending criminal case or DCYF's investigation, and instead repeatedly invoked his Fifth Amendment right against self-incrimination. Accordingly, the Court affirmed the decree of the Family Court.