CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Presumptions & Burden of Proof
......Burden of Proof
.........Dependency Matters
5 Cards On This Topic:
  • Burden of proof for removal of child from parents or guardian is clear and convincing evidence.
  • Error to deny reunification to parents where the W&IC 300(e) abuse finding was based on a preponderance of the evidence, not the clear and convincing evidence required by W&IC 361.5(b)(5).
  • Substantial evidence did not overcome the W&IC 355.1(d) presumption that F's prior convictions for sex assault on young boys and SVP commitment supported dependency jurisdiction over his 2-yr.-old son.
  • There must be clear and convincing evidence of circumstances enumerated under Welf. & Inst. Code §361 to remove minor from parental custody.
  • Burdens of proof in dependency actions differ depending on action to be taken.