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Landmark Cases

Case Name: John & Annie SANTOSKY v. Bernhardt KRAMER, Commissioner of Social Services

Date, Location, Cite: 1982 NY
102 S.Ct... 1388

Children removed for neglect; NY had law that said Preponderance of Evidence (PoE =~ 51%) was rule, family appealed as they lost all contact forever with kids, said it was too serious for Preponderance of Evidence (51+%). Court agreed, said 35 states use Clear & Convincing (C&C ~75%), Federal Courts use Beyond Reasonable Doubt (Brd~95+%); therefore C&C was proper.