12.5Rules of Evidence and Standard of Proof

“Except as otherwise provided in these rules, the rules of evidence for a civil proceeding and the standard of proof by a preponderance of evidence apply at the trial, notwithstanding that the petition contains a request to terminate parental rights.”¹ MCR 3.972(C)(1). See also In re Dearmon/Harverson-Dearmon, 303 Mich App 684, 696 (2014) (citing MCR 3.972(C)(1) and stating that “the rules of evidence apply to adjudication hearings”); In re Collier, 314 Mich App 558, 573 (2016) (“[u]nlike at the dispositional phase of protective proceedings, the rules of evidence apply to adjudication trials[,]” and the petitioner is not “allowed to present inadmissible hearsay evidence”), citing MCR 3.972(C) and In re Sanders, 495 Mich 394, 405 (2014).

The standard of proof required to terminate parental rights is clear and convincing evidence, or, if an Indian child is the subject of the proceedings, beyond a reasonable doubt. MCR 3.977(E)(3); MCR 3.977(G)(2); 25 CFR 23.121(b).