In a dependency trial DCF will have to prove what they’re saying is the safety concern for the child within their petition for dependency, abuse, abandonment or neglect. They have to prove what they’re alleging by a preponderance of the evidence. So, more likely than not more evidence shows that that child’s in need of those services. In a termination of parental rights case the burden of proof is higher. They still have to prove the elements within the termination of parental rights petition but what they have to show is the standard of clear and convincing evidence. So, that’s higher, a higher standard of proof or burden of proof on DCF in a termination of parental rights proceeding.




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Albritton Law Firm | 23 Harrison Avenue | Panama City, FL 32401 | Phone: | (850)215-0200