Part 32a · Rights of Parties Neglected, Abused and Uncared for Children and Termination of Parental Rights

Rule 32a-3. Standards of Proof

Amended January 1, 2026 (current)

(a) The standard of proof applied in a neglect, uncared for or dependency proceeding is a fair preponderance of the evidence.

(b) The standard of proof applied in a decision to terminate parental rights, a finding that efforts to reunify a parent with a child or youth are no longer appropriate, or as to permanent legal guardianship is clear and convincing evidence.

(c) Any Indian child or youth custody proceedings, except delinquency, involving removal of an Indian child or youth from a parent or Indian custodian for placement shall, in addition, comply with the Indian Child Welfare Act (ICWA), 25 U.S.C. § 1901 et seq.

Committee Notes

amended June 30, 2008, to take effect Jan. 1, 2009; amended