What is the test for increasing the burden of proof on the state in terminating a child's parental rights?

California, United States of America


The following excerpt is from Cynthia D. v. Superior Court, 19 Cal.Rptr.2d 698, 5 Cal.4th 242, 851 P.2d 1307 (Cal. 1993):

As the United States Supreme Court explained in Santosky v. Kramer, supra, 455 U.S. 745, 102 S.Ct. 1388, increasing the burden of proof on the state at the critical phase of the proceedings to terminate parental[851 P.2d 1321] rights " 'is one way to impress the factfinder with the importance of the decision' " and to thereby reduce the risk that

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