Wright v. Arlington County Dep't of Social Services

Opinion

MOON, J.

Virginia C. Wright appeals from a jury verdict finding that she had sexually abused her two daughters. The dispositive issue is whether in a proceeding to determine temporary custody the burden of proving child abuse is required to be by clear and convincing evidence or whether proof by a preponderance of the evidence is sufficient. We hold that the court properly instructed the jury that the burden of proof was by a preponderance of the evidence because the placement was a temporary one and not final until a second hearing is held to determine the permanent disposition.

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