Cal. Code Regs. tit. 2 § 649.13

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 649.13 - Derivative Victims Who Previously Had Relationship with Victim Substantially Similar to Family Member

For the purpose of qualifying as a derivative victim under Government Code section 13951(c), the two-year period during which the person lived in the victim's household in a relationship substantially similar to that of a parent, sibling, spouse or child may be either cumulative or consecutive in the following instances:

(a) A person may be found to have a relationship with a victim that is substantially similar to that of a parent if the person provided a significant portion of the necessities of life for the victim, including but not limited to the following:

(1) financial support;

(2) food;

(3) clothing;

(4) shelter;

(5) medical expenses;

(6) educational expenses;

(7) emotional support.

(b) A person may be found to have a relationship with a victim that is substantially similar to that of a child if the victim provided the person a significant portion of the necessities of life as listed in subsection (a).

(c) A person may be found to have a relationship with a victim that is substantially similar to that of a sibling if the person:

(1) previosuly lived in the same household as the victim; and

(2) was under the care of the same parent or parents, primary caretaker, or legal guardian.

(d) Factors that may be considered when determining whether a person has a relationship with a victim that is substantially similar to that of a spouse include, but are not limited to:

(1) previously lived in the same household;

(2) joint ownership of a residence;

(3) joint ownership of a motor vehicle;

(4) use of a joint bank account;

(5) use of a joint credit card account;

(6) maintenance of a sexually or emotionally intimate relationship;

(7) a significant portion of the items listed in subsection (a) are shared with, or provided to the victim.

Cal. Code Regs. Tit. 2, § 649.13

1. New section filed 9-29-88 as an emergency; operative 10-1-88 (Register 88, No. 41). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-30-89. For prior history, see Register 87, No. 41.
2. Readoption of emergency section filed 1-4-89; operative 1-4-89 (Register 89, No. 3). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-4-89.
3. Readoption of emergency section filed 5-19-89; operative 5-19-89 (Register 89, No. 21). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-18-89.
4. Certificate of Compliance as to 5-19-89 order including renumbering of former Section 649.13 to Section 649.22, and new Section 649.13 transmitted to OAL 9-14-89 and filed 10-16-89 (Register 89, No. 43).
5. Amendment filed 12-17-99; operative 12-17-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 51).
6. Change without regulatory effect renumbering former section 649.13 to section 649.23 and renumbering former section 651.3 to section 649.13, including amendment of section and NOTE, filed 12-6-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 49).
7. Amendment filed 6-12-2009; operative 7-12-2009 (Register 2009, No. 24).

Note: Authority cited: Sections 13920 and 13974, Government Code. Reference: Sections 13951 and 13955(c), Government Code.

1. New section filed 9-29-88 as an emergency; operative 10-1-88 (Register 88, No. 41). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-30-89. For prior history, see Register 87, No. 41.
2. Readoption of emergency section filed 1-4-89; operative 1-4-89 (Register 89, No. 3). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-4-89.
3. Readoption of emergency section filed 5-19-89; operative 5-19-89 (Register 89, No. 21). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-18-89.
4. Certificate of Compliance as to 5-19-89 order including renumbering of former Section 649.13 to Section 649.22, and new Section 649.13 transmitted to OAL 9-14-89 and filed 10-16-89 (Register 89, No. 43).
5. Amendment filed 12-17-99; operative 12-17-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 51).
6. Change without regulatory effect renumbering former section 649.13 to section 649.23 and renumbering former section 651.3 to section 649.13, including amendment of section and Note, filed 12-6-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 49).
7. Amendment filed 6-12-2009; operative 7-12-2009 (Register 2009, No. 24).