Sentences with phrase «determines by a preponderance of the evidence»

AB 389 of 2015 and the identical SB 231 provide that a court shall permit the use of a facility dog when, in a criminal proceeding involving the testimony of a vulnerable witness, the court determines by a preponderance of the evidence that it is likely that such witness will be unable to effectively communicate if required to testify without the presence of such facility dog and that the presence of such facility dog will facilitate such testimony.

Not exact matches

Weston's teacher evaluation plan allows evaluators to make professional judgments in determining holistic ratings for teachers informed by «a preponderance of evidence based on multiple sources of data.»

The court can only grant the minor's petition if the judge determines that, by clear and convincing evidence, the minor is sufficiently mature to decide whether to have an abortion, or that, by a preponderance of the evidence, giving parental notice would not be in the minor's best interest.

If a prospective adoptive parent objects to the child's removal from the home, the Agency must prove by a preponderance of the evidence that removal from the prospective adoptive parent is in the child's best interests... [T] he juvenile court determines whether the proposed removal of the child from the home is in the child's best interests, and the child may not be removed from the home unless the court makes that finding.»

(2) In determining visitation arrangements, if the judicial officer finds by a preponderance of the evidence that an intra family offense has occurred, the judicial officer shall only award visitation if the judicial officer finds that the child and custodial parent can be adequately protected from harm inflicted by the other party.