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May 2016



Case Law Update


Court Can Only Enter Default Judgment in Termination of Parental Rights Proceeding After Agency Meets Statutory Requirements

Unlike civil cases in which no proof is required before a judgment by default can be entered against a nondefending or appearing party, the juvenile court can only enter a default judgment in a termination of parental rights proceeding when the child welfare agency establishes the required statutory grounds for termination by clear and convincing evidence, regardless of whether the parent appears.