Evidentiary Determination; Burden of Proof

(a)In a temporary foster custody hearing, a determination that there exists reasonable cause to believe that a child is subject to harm or threatened harm may be based upon any relevant evidence whatsoever, including but not limited to hearsay evidence when direct testimony is unavailable or when it is impractical to subpoena witnesses who will be able to testify to facts from personal knowledge.

(b)In a fact-finding hearing, a determination that the child has been harmed or is subject to threatened harm shall be based on a preponderance of the evidence, and, except as otherwise provided under this Chapter, only competent and relevant evidence may be admitted.

(c)In subsequent hearings, other than a permanency plan hearing, any determination shall be based on a preponderance of the evidence and any relevant evidence shall be admitted.

(d)In a permanency plan hearing: CH. 13 CHILD PROTECTIVE ACT

(1)A determination that permanent custody of a child be awarded to Child Protective Services shall be based upon clear and convincing evidence; and

(2)A determination that a child should be the subject of an adoption shall be based upon clear and convincing evidence.