Section 112301 - Determining Family Violence(a) Each local child support agency shall determine whether there is, or has been, family violence based upon the information on form 2142 provided by a custodial party or a noncustodial parent. When determining family violence, a local child support agency shall consider the following related to the incident(s) of domestic violence and/or child abuse:(1) The date(s), time(s) and place(s) of each incident(s).(2) The names of persons who witnessed the incident(s).(3) Police, government agency or court records or files.(4) Documentation from a domestic abuse program.(5) Documentation from legal, clerical, medical, or other professionals from whom the custodial party or noncustodial parent sought assistance in dealing with domestic abuse or child abuse.(6) Physical evidence of abuse.(7) A statement from another individual with knowledge of the circumstances that provide the basis for the claim of abuse.(8) Protective orders issued.(9) Any other evidence that supports the incident(s) of domestic violence or child abuse.(b) If form 2142 is returned with the first box in Section III marked indicating the party is requesting nondisclosure of identifying information, but no detailed family violence information is provided in Section II of the form, a local child support shall mail both of the following to the party that submitted the incomplete form 2142: (1) A new blank form 2142.(2) A domestic violence cover letter #2, "DVCVR #2," CSS 2144, dated (09/01/01), incorporated by reference herein. Form 2144 shall notify the party that the form 2142 initially submitted did not contain sufficient detail to stop release of information to the federal government and request completion and submission of a new form 2142 to the local child support agency within 30 days from the date of the letter.Cal. Code Regs. Tit. 22, § 112301
1. New section filed 9-10-2001 as an emergency pursuant to Family Code section 17306; operative 9-10-2001 (Register 2001, No. 37). A Certificate of Compliance must be transmitted to OAL by 3-11-2002 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 2-14-2002 as an emergency pursuant to Family Code section 17306(e); operative 2-14-2002 (Register 2002, No. 8). A Certificate of Compliance must be transmitted to OAL by 8-20-2002 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of HISTORY 2 (Register 2002, No. 33).
4. Certificate of Compliance as to 2-14-2002 order, including amendment of subsection (b)(2) and NOTE, transmitted to OAL 7-3-2002 and filed 8-15-2002 (Register 2002, No. 33). Note: Authority cited: Sections 17306, 17310 and 17312, Family Code. Reference: 42, United States Code, Section 602(a)(7); and 45 Code of Federal Regulations, Section 260.52.
1. New section filed 9-10-2001 as an emergency pursuant to Family Code section 17306; operative 9-10-2001 (Register 2001, No. 37). A Certificate of Compliance must be transmitted to OAL by 3-11-2002 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 2-14-2002 as an emergency pursuant to Family Code section 17306(e); operative 2-14-2002 (Register 2002, No. 8). A Certificate of Compliance must be transmitted to OAL by 8-20-2002 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of History 2 (Register 2002, No. 33).
4. Certificate of Compliance as to 2-14-2002 order, including amendment of subsection (b)(2) and Note, transmitted to OAL 7-3-2002 and filed 8-15-2002 (Register 2002, No. 33).