- (1) The commission of acts of domestic violence in the presence of a child is child abuse, because it results in non-accidental harm or threatened harm to the child. Such abuse is subject to the reporting requirements in Section 80-2-602.
- (2) Establishing the commission of an act of domestic violence in the presence of a child shall be sufficient to establish Domestic Violence Related Child Abuse, without any further evidence of harm.
- (3) The primary responsibility to investigate allegations of Domestic Violence Related Child Abuse as defined in Section 76-5-114 lies with law enforcement, and Child and Family Services has no responsibility to investigate domestic violence in the presence of a child as described in that section, except as provided in this rule.
KEY: child abuse, domestic violence
Date of Last Change: August 15, 2023
Notice of Continuation: July 28, 2025
Authorizing, and Implemented or Interpreted Law: 76-1-101.5; 76-5-114; 77-36-1; 78B-7-102; 80-2-302; 80-2-602