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Letter to the Editor

Sep. 3, 2010

Lowering Degree of Certainty in Burden of Proof Not Necessarily in Children's Best Interest

By William Wesley Patton of Whittier Law School.

LETTERS TO THE EDITOR COLUMN

In "Clear and Convincing Evidence: Mandatory for Removal of Abused Child?" David A. Silberman (Aug. 25) observes that courts have lowered the standard of proof from clear and convincing evidence to a mere preponderance in some situations in child dependency law. Actually, there has been a concerted effort, especially by government attorneys, to lower their burdens in child endangerment hearings and on appeals for decade...

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