The stepfather testified that he had successfully completed three stages of sex offender treatment along with inpatient treatment in prison. He said he learned to identify red flags for child molesters, which include spending a lot of time with one child alone, granting special privileges to one child or asking a child to keep secrets.

He testified that he is rarely alone with just one child.

Phelps County District Judge Terri Harder relied heavily on the opinion of the girls’ mental health therapist, who said they were not at significant risk from their stepfather.

The therapist, who started treating the girls in 2013, testified that she asked the girls about their stepfather’s behavior to determine whether he was trying to “groom” them as potential victims. No telltale behavior was reported, and there appeared to be good boundaries at home, the therapist told the judge.

The therapist also said she reviewed some of the stepfather’s prison files but did not interview him.

The State Supreme Court majority also said there was no evidence that the sex offender had committed new offenses since 2002. The court noted that the girls seemed to be doing well in their present living arrangement and appeared to have good relationships with both biological parents.