Mich. Admin. Code R. 28.14961

Current through Vol. 24-18, October 15, 2024
Section R. 28.14961 - Relationship of child; determination

Rule 11.

(1) In general, a claimant is the child of a public safety officer if the individual's birth certificate shows the officer as the individual's parent.
(2) If the birth certificate does not show the public safety officer as the claimant's parent, then the sufficiency of the evidence shall be determined in accordance with the facts of a particular case. Proof of the relationship may consist of the following:
(a) An acknowledgement in writing signed by the public safety officer.
(b) Evidence that the officer has been identified as the child's parent by a judicial decree ordering the officer to contribute to the child's support or for other purposes.
(c) Any other evidence which reasonably supports a finding of a parent-child relationship, such as any of the following:
(i) A certified copy of the public record of birth or a religious record showing that the officer was the informant and was named as the parent of the child.
(ii) Affidavits or sworn statements of persons who know that the officer accepted the child as his or her own.
(iii) Information obtained from a public agency or public records, such as school or welfare agencies, which shows that with the officer's knowledge the officer was named as the parent of the child.
(3) Except as may be provided in subrule (2) of this rule, evidence of the relationship shall be shown by a certified copy of the decree of adoption and other evidence as may be necessary. In jurisdictions where a petition must be made to the court for release of adoption documents or information, or where the release of such documents or information is prohibited, a revised birth certificate shall be sufficient to establish the fact of adoption.
(4) The relationship of a stepchild to the deceased officer shall be demonstrated by all of the following:
(a) Evidence of the existence of a parent-child relationship between the child and the spouse, which may be evidenced by any of the following:
(i) Evidence of birth to the spouse of the officer as required by subrules (1) and (2) of this rule.
(ii) If adopted by the spouse, evidence of adoption as required by subrule(3) of this rule.
(iii) Other evidence, such as that specified in subrule (2) of this rule, which reasonably supports the existence of a parent-child relationship between the child and the spouse.
(b) Evidence that the stepchild was any of the following:
(i) Living with the officer at the time of the officer's death.
(ii) Dependent for support on the officer at the time of the officer's death, as set forth in R 28.14962.
(iii) In a parent-child relationship, as specified in subrule (2) of this rule, with the officer at the time of the officer's death.
(iv) Evidence of the marriage of the officer and the spouse, as required by R 28.14960.

Mich. Admin. Code R. 28.14961

2005 AACS