San Diego Law Review

Dependency Proceedings: What Standard of Proof? An Argument against the Standard of Clear and Convincing

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This Comment presents several arguments against the adoption of a standard of "clear and convincing" evidence in dependency hearings. The safety and general welfare of the child is of paramount concern in child protective proceedings. Utilization of a higher quantum of proof only frustrates the court's duty to protect children from the dangers arising out of parental neglect of abuse. This Comment will demonstrate that neither the precedents nor policies relied upon by the court in In re Robert P. justify an abandonment of the current statutory standard of proof required in dependency hearings.

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