Cal. Code Regs. tit. 2 § 649.43

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 649.43 - Evidence of a Child Sexual or Physical Abuse Qualifying Crime
(a) Factors that shall be considered evidence of a child sexual or physical abuse qualifying crime include, but are not limited to:
(1) a sustained juvenile court dependency petition containing allegations of sexual or physical abuse, unless the court finds that the allegations of sexual or physical abuse did not occur;
(2) medical or physical evidence consistent with child sexual or physical abuse;
(3) a written or oral report from a law enforcement agency or a child protective services agency concluding that child sexual or physical abuse occurred;
(4) a credible witness corroborated the child sexual or physical abuse;
(5) a juvenile court order removed the child from the home because of sexual or physical abuse;
(6) criminal charges of child sexual or physical abuse were filed.
(7) a final superior court order that finds that child sexual or physical abuse occurred.
(b) Factors that may be considered evidence of a child sexual or physical abuse qualifying crime include, but are not limited to:
(1) a mental health evaluation concluded that child sexual or physical abuse occurred;
(2) the child victim's statement to a law enforcement or child protective services staff;
(3) evidence of behavior consistent with child sexual or physical abuse;
(c) A report under subsection (a)(3) shall contain all of the following information:
(1) name, telephone number and title of the person making the report;
(2) specific facts that form the basis of the conclusion that a crime occurred;
(3) citation to the relevant criminal statute for the crime that occurred.

Cal. Code Regs. Tit. 2, § 649.43

1. Change without regulatory effect renumbering former section 654.2 to section 649.43, including amendment of NOTE, filed 12-6-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 49).
2. New subsection (a)(7) and repealer of subsection (b)(4) filed 8-12-2014; operative 10-1-2014 (Register 2014, No. 33).

Note: Authority cited: Sections 13920 and 13974, Government Code. Reference: Sections 13954, 13956 and 13959, Government Code.

1. Change without regulatory effect renumbering former section 654.2 to section 649.43, including amendment of Note, filed 12-6-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 49).
2. New subsection (a)(7) and repealer of subsection (b)(4) filed 8-12-2014; operative 10/1/2014 (Register 2014, No. 33).