In Re Dependency of Fs B.D. andrea Hauswirth
1996.WA.40366 ; 913 P.2D 844; 81 WASH. APP. 264
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Publisher Description
COLEMAN, J. -- In this case we are asked to determine whether due process of law is satisfied by application of a preponderance of the evidence standard in guardianship proceedings. We hold that the preponderance of the evidence standard provides adequate constitutional protection in establishing a guardianship, which, unlike termination, is neither permanent nor irrevocable and does not sever a parents rights in the child. We find that the elements for establishing a guardianship under RCW 13.34.231 were shown in this case, and we affirm.