Certified Case Manager Practice Test

What is the standard of proof required at the shelter hearing in dependency cases?

1. Preponderance of evidence

2. Beyond a reasonable doubt

3. Clear and convincing evidence

4. Probable cause

The correct answer is: Probable cause

In dependency cases, the correct standard of proof required at a shelter hearing is referred to as "probable cause." This is a lower standard than what is required in criminal cases (beyond a reasonable doubt) or in some civil cases (clear and convincing evidence). The essence of the probable cause standard means that there must be reasonable grounds for believing that the allegations of abuse or neglect are true, which allows the court to move forward with removing a child from their home if necessary to ensure their safety. This standard is appropriate in the context of shelter hearings because these hearings typically occur before the full merits of the case are evaluated, allowing for immediate protective actions while still being sensitive to the rights of the parents or guardians. In contrast, other standards of proof like preponderance of evidence are often used at later stages in dependency proceedings, where the evidence must show that something is more likely true than not. Clear and convincing evidence is typically used in more serious civil matters and suggests a higher level of certainty than is needed at a shelter hearing. Therefore, the use of probable cause in this context reflects the need to act swiftly to protect children, while also recognizing the serious implications of such actions.