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preponderance

Articles tagged with: preponderance

  • In re Interest of Emma J.

    Filed on May 11, 2010
    18 Neb. App. 389, 782 N.W.2d 330
    SUMMARY: The proper burden of proof for the adjudication of an Indian child is by a preponderance of the evidence, not clear and convincing.  
    Emma, DOB approx. 1994, was placed in foster care on May 20, 2009, based on her allegations of physical abuse [...]

  • In re Interest of Sarah L., et al

    Filed on November 10, 2008
    758 N.W.2d 48, 17 Neb. App. 203
    SUMMARY: The father’s argument against the court ordering a scientific test as part of the case plan was on the admissibility of results, not on whether taking the test was not in the children’s best interest; therefore, he did not overcome a presumption that [...]

  • In re Interest of Jac’Quez N.

    Filed on September 26, 2003
    266 Neb. 782, 669 N.W.2d 429
    SUMMARY: To establish that reasonable efforts to reunify are not required, the State must provide clear and convincing evidence. The nature and severity of the abuse, the delay in seeking treatment and the ongoing denial by the parents in this case establish that reasonable efforts [...]

  • In re Interest of J.H.

    Filed on March 12, 1993
    242 Neb. 906, 497 N.W.2d 346
    SUMMARY: Neb. Rev. Stat. section 43-285(2), which provides that a party must prove by a preponderance of evidence that the proposed DHHS case plan is not in the child’s best interests in order for the court to disapprove it, is not unconstitutional as applied in this [...]