Section 35 StandardsofProof andHearings

• Library: Juvenile Law 2011

In a civil abuse or neglect proceeding, the standard of proof is clear and convincing evidence. In re C__ T__, 942 S.W.2d 467, 468 n.4 (Mo. App. S.D. 1997). Section 211.447.2, RSMo Supp. 2010, authorizes TPR (termination of parental rights) only on clear, cogent, and convincing evidence.The two standards of proof are virtually identical. See Grissum v. Reesman, 505 S.W.2d 81, 85–86 (Mo. 1974) (emphasis added) (when the clear, cogent, and convincing standard applies, “the court should be clearly convinced of the affirmative of the proposition to be proved. . . . The word ‘cogent’ adds little, if anything; it means impelling, appealing to one’s reason, or convincing.”).

Missouri courts have said that each standard is satisfied by evidence that “instantly tilts the scales in favor of termination when weighed against the evidence in opposition and the finder of fact is left with an abiding conviction that the evidence is true.” In re S.M.H.,160 S.W.3d 355, 362 (Mo. banc 2005) (clear, cogent, and convincing evidence). See:

In re K.A.W133 S.W.3d 1, 12 (Mo. banc 2004) (same) In re B.M.O 310 S.W.3d 281, 287–88 (Mo. App. S.D. 2010) (same) In re M.N.J.,291 S.W.3d 306, 311 (Mo. App. W.D. 2009) (same) Grass v. State, 220S.W.3d 335 (Mo. App. E.D. 2007) (clear and convincing evidence) Hoecker v. Hoecker188 S.W.3d 497, 500 (Mo. App. W.D. 2006) (same)

Occasional decisions draw a...