8.7 Burden of Proof and Evidentiary Rules

• Library: Juvenile Law and Practice in Virginia (Virginia CLE) (2018 Ed.)

8.7 BURDEN OF PROOF AND EVIDENTIARY RULES

8.701 Burdens of Proof. The burdens of proof applicable in certain types of cases are not generally specified but would appear to be as follows, depending on the nature of the proceedings:

	1.	Delinquency cases—reasonable doubt following In re Winship; 50
2.	Child in need of supervision cases—clear and convincing evidence in accordance with Grigg v. Commonwealth; 51
3.	Termination of residual parental rights—clear and convincing evidence; 52
4.	Abuse and neglect—preponderance of the evidence; 53
5.	Other cases—probably preponderance of the evidence, although this is uncertain as to children in need of services or status offenders.

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8.702...