The fact-finding hearing to determine abuse or neglect must be based on which standard of evidence?

• A. Beyond a reasonable doubt
• B. Clear and convincing evidence
• C. Probable cause
• D. A fair preponderance of the evidence

Answer: (D)

In abuse or neglect fact-finding, the proceeding is civil, not criminal. Therefore the standard of proof is a preponderance of the evidence: the evidence shows that it is more likely than not that abuse or neglect occurred. This threshold is lower than criminal standards, which protects child safety while not requiring proof beyond a reasonable doubt. Probable cause governs whether an action can be started or a detention can be kept, not the final adjudication. Clear and convincing evidence is used in some civil contexts with higher stakes (such as certain terminations of parental rights), but for the fact-finding on abuse or neglect, the prevailing standard is preponderance.