§587-41 - Evidentiary determination; burden of proof. - Hawaii Statutes

PART V.  BURDEN OF PROOF

 

     §587-41  Evidentiary determination; burden of proof.  (a)  In a temporary foster custody hearing, a determination that there exists reasonable cause to believe that a child is subject to imminent harm may be based upon relevant evidence, including, but not limited to, hearsay evidence when direct testimony is unavailable or when it is impractical to subpoena witnesses who will be able to testify to facts from personal knowledge.

     (b)  In an adjudication hearing, a determination that the child has been harmed or is subject to threatened harm shall be based on a preponderance of the evidence.

     (c)  In subsequent hearings, other than a permanent plan hearing, any determination shall be based on a preponderance of the evidence.

     (d)  In a permanent plan hearing, a determination that a permanent plan shall be ordered based upon clear and convincing evidence. [L 1983, c 171, pt of §1; am L 1986, c 316, §18; am L 1992, c 190, §18]

 

Case Notes

 

  Plaintiff sought order to enjoin application of this section.  677 F. Supp. 1052.