Fair Play or a Stacked Deck?: In Search of a Proper Standard of Proof in Juvenile Dependency Hearings

Abstract

This Comment will discuss the need for a revised standard of proof when a court discontinues efforts to reunify a family and instead makes a permanent plan for the child outside of the parents' home. Recent legislation reduces the time given to parents for compliance with court-ordered reunification plans and streamlines the adoption process of these children.2 As it becomes easier for parents to forever lose their children to this system, the importance of fair and accurate court decisions increases dramatically. Thus, the standard of proof required in these proceedings is a critical safeguard to ensure careful deliberation over such decisions.

First, this Comment presents a recent history and current structure of the dependency court system. The next section discusses two major cases addressing the standard of proof required when terminating parental rights. The final section sets forth recommendations for change in the requisite standard of proof to be applied when terminating family reunification services.