Rule 41. Burden of proof

The burden of proof in matters brought before the juvenile court shall be as follows:

(a) criminal and delinquency cases must be proved beyond a reasonable doubt;

(b) neglect, abuse and dependency cases and cases involving the permanent deprivation of parental rights must be proved by clear and convincing evidence unless otherwise provided by law;

(c) matters regarding child custody, support, and visitation certified by the district court to the juvenile court must be proved by a preponderance of the evidence; and

(d) motions and matters regarding protective orders must be proved by a preponderance of the evidence.

Committee Notes

Paragraph (b) has been amended to acknowledge that other bodies of law, such as the Indian Child Welfare Act, may provide a burden of proof different than clear and convincing evidence.