C. Clear and Convincing

To meet a “clear and convincing” burden of proof is to show the measure or degree of proof that will produce in the mind of the trier of fact (either a judge or a jury) a firm belief or conviction as to the truth of the allegations sought to be established. It is greater than a “Preponderance of the Evidence” but not as much as “Beyond a Reasonable Doubt.” The burden applies to:

•   Termination of parental rights when the Indian Child Welfare Act (ICWA) does not apply. Tex. Fam. Code § 161.001; and

•   An order placing a child in foster care under (ICWA). 25 U.S.C. § 1912(e).