UT · rules
Utah R. Juv. P. 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.
History
Advisory 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.
Provenance
- Source
- legacy.utcourts.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-14
- Content hash
62d987f606668d55555ee6d321f23e4fba6cd5e33f09101993c3012fc03b04d6
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