What standard is used to terminate parental rights regarding evidence?

The standard used to terminate parental rights is "clear and convincing evidence." This standard requires that the evidence presented must be highly and substantially more probable to be true than not true. It is a higher threshold than the preponderance of the evidence standard, which is typically used in civil cases and requires that something is more likely true than false.

This clear and convincing standard is necessary in termination cases because such actions deeply affect the rights of parents and the welfare of children. The legal system seeks to ensure that there is a significant level of certainty before making such a serious decision that can permanently sever parental rights. It balances the need to protect children and uphold family integrity while still providing a robust level of evidence to justify such a drastic measure.