CHILDREN AND THE LAW
...Non-Dependency Term. of Parental Rights
......Burden of Proof-Findings
.........CC §232 [FC §7800 et seq.] Stnd.
13 Cards On This Topic:

Burden of proof for termination of parental rights is clear and convincing evidence.

Before State may sever completely and irrevocably the rights of parents in their natural child, 14th Amend. demands State support allegations by at least clear and convincing evidence.

Intent to abandon child for one year (CC 232) sufficient to terminate parental rights; intent to abandon permanently not statutorily required.

Minor need not be out of home continuously for one year before petition under former Civil Code section 232 may be filed.

Findings under former Civil Code section 232 must be made by clear and convincing evidence; standard described.

Former Civil Code section 232 requires 2 "licensed psychologists" give evidence to support finding of parent’s mental disability and denial of reunification services; clear and convincing standard applies.

Burden of proof to terminate parental rights under former Civil Code section 232 (a)(7) described.

Court must find that termination of parental rights is least detrimental alternative.

Court’s duty to consider less drastic alternatives to termination defined.

Focus in former Civil Code section 232 proceedings is on minor’s best interests, not rehabilitation of mother. Denial of Civil Code section 232 petition reversed.

"Best interest of child" standard applies in terminating father’s rights under former Civil Code section 7017; "detriment test" of former Civil Code section 4600 inapplicable.

Clear and convincing standard only for guidance of trial court; on appeal, test is substantial evidence.

Appeal of orders terminating parental rights.