Rule 11. Burden and Standards of Proof

(a) Detention. In order to support a temporary detention order, the Department must prove that probable cause exists that the minor committed the delinquent act charged and must prove, by a preponderance of the evidence, that detention or placement is necessary either: (1) to protect the juvenile or others; or (2) to ensure the juvenile’s appearance at subsequent court hearings. (b) Adjudication. In order to support an adjudication of delinquency, the Department must prove the essential elements of the alleged crime beyond a reasonable doubt. (c) Waiver. In order to support an order waiving juvenile court jurisdiction, the Department must prove unamenability to treatment by a preponderance of the evidence, and must prove that probable cause exists that the juvenile committed the act charged in the petition. (d) Other Motions. On other motions that relate to the criminal nature of proceedings such as the suppression of evidence, the burdens and standard of proof are the same as in a criminal proceeding. (e) Disposition. In order to support a particular disposition, including a disposition ordered as part of a dual sentence, the Department must prove by a preponderance of the evidence that the disposition is the least restrictive alternative appropriate to the needs of the juvenile and the protection of the community. (f) Other Petitions. The following petitions require the moving party to present proof by a preponderance of the evidence: (1) a petition for release from commitment or supervision; (2) a petition for extension of commitment or supervision; (3) a petition for modification of probation; (4) a petition for revocation of probation; and (5) a petition to impose the adult portion of a dual sentence pursuant to AS 47.12.160(d)-(e). (g) Annual Review. No party has the burden of proof at an annual review. Cross References CROSS REFERENCE: AS 47.12.140(2); AS 47.12.160(d)-(e); AS 47.12.120(j). PART V. PRELIMINARY PROCEEDINGS