Standard of Proof

Subd. 1. Permanency Matter. In a permanency matter other than a termination of parental rights matter, the standard of proof is clear and convincing evidence. Subd. 2. Termination of Parental Rights Matter. (a) Non-Indian Child. Pursuant to Minnesota Statutes, section 260C.317, subdivision 1, in a termination of parental rights matter involving a non-Indian child, the standard of proof is clear and convincing evidence. (b) Indian Child. Pursuant to the Indian Child Welfare Act, 25 U.S.C. section 1912(f), and Rule 28.04, in a termination of parental rights matter involving an Indian child, the standard of proof is beyond a reasonable doubt.