C. Clear and Convincing

Clear and Convincing is 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. More than just a “Preponderance of the Evidence” but not as much as “Beyond a Reasonable Doubt.” The burden applies to:

•   Termination of Parental Rights. Tex. Fam. Code § 161.001;

•   An Order placing a child in foster care under the Indian Child Welfare Act. 25 U.S.C. § 1912(e).