Family
Aug. 26, 2010
Clear and Convincing Evidence: Mandatory for Removal of Abused Child?
Parents who show an inability to protect their children weaken their rights to continued custody. But what is the criteria for removal from parental custody? By David A. Silberman of San Mateo County.
In general, pursuant to Welfare & Institutions Code Section 361, a juvenile court must make a finding by clear and convincing evidence before removing a child from parental custody. Although there are six possible bases, removal is often premised on a finding that "[t]here is a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the child, or would be if the child was returne...
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