G.l.a. and D.s. Rule Made Absolute En Banc Justice Hood Delivered the Opinion of the Court, in Which Chief Justice…

Summary

The court held that, in a dependency and neglect dispositional proceeding, proof by a preponderance of the evidence that a child suffered a single incident resulting in serious bodily injury is sufficient to permit a finding that no appropriate treatment plan can be devised. The court also held that the state need not prove that the parent caused the injury or that no treatment plan could address the conduct causing it, and that the applicable burden is preponderance of the evidence rather than clear and convincing evidence. The court reversed the directed verdict and remanded for further proceedings.