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14 San Diego L. Rev. 1155 (1976-1977)
Dependency Proceedings: What Standard of Proof - an Argument against the Standard of Clear and Convincing

handle is hein.journals/sanlr14 and id is 1165 raw text is: Comments DEPENDENCY PROCEEDINGS: WHAT STANDARD OF PROOF? AN ARGUMENT AGAINST THE STANDARD OF CLEAR AND CONVINCING INTRODUCTION American courts have traditionally been reluctant to intrude upon the privacy and sanctity of the parent-child relationship.1 Numerous cases establish the right of parents to the care and custody of their children.2 However, the state may abridge this right to the extent necessary to protect both the interests of society and those of the child.3 One very direct intrusion into the parent- child relationship is the dependency proceeding. 1. See, e.g., In re Gutierrez, 47 Cal. App. 128, 130, 190 P. 200, 202 (1920): We think it is only in instances where there is demonstrated incapacity or something akin to criminal neglect that the law is justified in interfer- ing with the natural relations of parent and child. 2. Stanley v. Illinois, 405 U.S. 645, 651 (1972); Ginsberg v. New York, 390 U.S. 629, 639 (1968); Griswold v. Connecticut, 381 U.S. 479, 495 (1965) (Goldberg, J., concurring); Armstrong v. Manzo, 380 U.S. 545, 550 (1965); May v. Anderson, 345 U.S. 528, 533 (1953); Prince v. Massachusetts, 321 U.S. 158, 166 (1944); Pierce v. Society of Sisters, 268 U.S. 510, 518 (1925); Meyer v. Nebraska, 262 U.S. 390, 399 (1923). 3. The degree of state intrusion into the parent-child relationship may July 1977 Vol. 14 No. 5 1155

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