PART V. 
BURDEN OF PROOF



 



§587-41  Evidentiary determination; burden
of proof.  (a)  In a temporary foster custody hearing, a determination that
there exists reasonable cause to believe that a child is subject to imminent
harm may be based upon relevant evidence, including, but not limited to,
hearsay evidence when direct testimony is unavailable or when it is impractical
to subpoena witnesses who will be able to testify to facts from personal
knowledge.



(b)  In an adjudication hearing, a
determination that the child has been harmed or is subject to threatened harm
shall be based on a preponderance of the evidence.



(c)  In subsequent hearings, other than a
permanent plan hearing, any determination shall be based on a preponderance of
the evidence.



(d)  In a permanent plan hearing, a
determination that a permanent plan shall be ordered based upon clear and
convincing evidence. [L 1983, c 171, pt of §1; am L 1986, c 316, §18; am L
1992, c 190, §18]



 



Case Notes



 



  Plaintiff sought order to enjoin application of this
section.  677 F. Supp. 1052.