(1) Child and Family Services shall accept an allegation of Domestic Violence Related Child Abuse for investigation if it is alleged that a child was physically present or saw or heard an incident of domestic violence and:
- (a) the alleged perpetrator used or threatened to use a dangerous weapon;
- (b) the alleged perpetrator threatened to cause substantial or serious bodily injury;
- (c) the alleged perpetrator committed a sexual assault, impeded the breathing or the circulation of blood by application of pressure to the neck, throat, or chest, or by the obstruction of the nose or mouth, which produced or was likely to produce a loss of consciousness, or other assault likely to result in substantial or serious bodily injury;
- (d) the alleged victim sustained substantial or serious bodily injury;
- (e) there is a pattern of two or more CPS investigations of Domestic Violence Related Child Abuse within the previous two years; or
- (f) another allegation of abuse, neglect, or dependency is being accepted or is in the process of being investigated.
- (2) If during an open, non-CPS case, a referral is received by Intake for Domestic Violence Related Child Abuse that does not meet the criteria for acceptance specified in this rule, the information will be sent to the ongoing caseworker for assessment.
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