1. (a) A derivative victim may be eligible for reimbursement of support loss if the derivative victim was legally dependent on the victim at the time the crime occurred.

2. (b) A derivative victim who is legally dependent on the victim at the time the crime occurred includes but is not limited to:

   1. (1) A minor child who is the natural born or adopted child of the victim, or the minor child of a legal spouse or registered partner who is primarily living in the household.
   2. (2) Spouse or registered domestic partner; or
   3. (3) An incapacitated adult that is the legal dependent of another adult, or an unborn child conceived before the date of the crime.
3. (c) Evidence of legal dependency includes, but is not limited to: birth certificates, marriage certificates, voluntary declarations of parentage/paternity, certificates of domestic partnership, adoption records, child support records, orders granting legal custody, income tax records, Social Security disability or survivor benefits, veteran's death benefits, workers' compensation disability or death benefits, or any court order finding legal dependency or ordering support.

Note: Authority cited: Section 13920, Government Code. Reference: Sections 13955, 13957 and 13957.5(a)(4), Government Code.

History

1. New section filed 6-12-2009; operative 7-12-2009 (Register 2009, No. 24).

2. Amendment of subsection (b)(1) and amendment of Note filed 1-6-2011; operative 2-5-2011 (Register 2011, No. 1).

3. Amendment of section and Note filed 1-13-2026; operative 4-1-2026 (Register 2026, No. 3).