Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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What are the applicable standards of evidence?25 C.F.R. § 23.121

Part 23 › Subpart I · Indian Child Welfare Act Proceedings · Indian Child Welfare Act · eCFR · last amended 2016-12-12

Statutory authority: 5 U.S.C. § 301, 25 U.S.C. § 2, 25 U.S.C. § 9, 25 U.S.C. § 1901-1952

0 opinions cite 25 C.F.R. § 23.121

0 admin code rules cite 25 C.F.R. § 23.121

DCF's rules in Chapter 65C, Florida Administrative Code, that cite it.

No admin code rule cites 25 C.F.R. § 23.121.

0 CFOPs cite 25 C.F.R. § 23.121

How DCF carries it out. A page opens in the CFOP reader with the citation highlighted.

No CFOP cites 25 C.F.R. § 23.121.

0 sections of law cite 25 C.F.R. § 23.121

Florida statutes and court rules that cite it, and federal law that cites it.

No other law here cites 25 C.F.R. § 23.121.

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(a) The court must not order a foster-care placement of an Indian child unless clear and convincing evidence is presented, including the testimony of one or more qualified expert witnesses, demonstrating that the child's continued custody by the child's parent or Indian custodian is likely to result in serious emotional or physical damage to the child.

(b) The court must not order a termination of parental rights for an Indian child unless evidence beyond a reasonable doubt is presented, including the testimony of one or more qualified expert witnesses, demonstrating that the child's continued custody by the child's parent or Indian custodian is likely to result in serious emotional or physical damage to the child.

(c) For a foster-care placement or termination of parental rights, the evidence must show a causal relationship between the particular conditions in the home and the likelihood that continued custody of the child will result in serious emotional or physical damage to the particular child who is the subject of the child-custody proceeding.

(d) Without a causal relationship identified in paragraph (c) of this section, evidence that shows only the existence of community or family poverty, isolation, single parenthood, custodian age, crowded or inadequate housing, substance abuse, or nonconforming social behavior does not by itself constitute clear and convincing evidence or evidence beyond a reasonable doubt that continued custody is likely to result in serious emotional or physical damage to the child.

Amended. 2016-12-12 (eCFR).