A Child Protective Services (CPS) case can affect where a child lives and how a parent maintains contact with that child. Before a court takes action, CPS must present enough evidence to satisfy the applicable standard of proof.
That standard determines how strongly the evidence must support the agency’s allegations before a family’s freedoms may be lawfully compromised to any meaningful degree.
What does the standard of proof mean?
The standard of proof describes the level of certainty a judge must reach before deciding that an allegation has been established. CPS carries the burden of presenting evidence because the agency is asking the court to intervene in the family.
There is no single standard for every stage of a CPS proceeding. The required level may depend on the law, the type of hearing and the order CPS is seeking.
At an abuse or neglect adjudication, Washington courts apply the preponderance of the evidence standard. This means CPS must show that its allegations are more likely true than not. Washington requires clear and convincing evidence for termination of parental rights.
Evidence may include:
- Medical records
- Photographs
- School reports
- Witness testimony
- Statements from family members
The judge considers the credibility and relevance of that information.
Does a higher standard apply to termination?
Yes. Terminating parental rights permanently ends the legal relationship between a parent and child. Due to the severity of that outcome, the U.S. Supreme Court held in Santosky v. Kramer that the government must prove the grounds for termination by at least clear and convincing evidence.
This standard demands greater certainty than a preponderance, although it remains below proof beyond a reasonable doubt.
The applicable standard can shape how evidence is challenged and whether CPS has met its legal burden. Parents may dispute unreliable testimony, incomplete records or conclusions unsupported by the underlying facts.
Because requirements vary with each family’s unique needs, families should seek legal help to protect parents’ rights throughout CPS proceedings.