Rule 41 Burden of proof

This rule explains how much proof is needed for different kinds of cases in juvenile court. The amount of proof required changes depending on what type of case is being heard.

If a case involves a crime or delinquency charge against a young person, the state must prove its case beyond a reasonable doubt. This is the highest level of proof and means the judge must be almost completely sure the person did what they are accused of.

For cases involving neglect, abuse, or taking away a parent's rights permanently, the proof needed is called "clear and convincing evidence." This is a lower standard than beyond a reasonable doubt, but it still requires strong proof that something is highly likely to be true.

For custody, child support, visitation cases sent over from district court, and cases about protective orders, the standard is "preponderance of the evidence." This is the easiest standard to meet. It just means one side has to show that their version of events is more likely true than not, even if only slightly.