Utah R. Juv. P. 41

As amended through October 28, 2024

Rule 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.

Utah. R. Juv. P. 41

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.

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