R512-205-3. Administrative Findings

(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.