Sec. 10.02.02.03. Burden of Proof  


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  • A. A responsible relative claiming to have been abused, sexually abused, abandoned, or subjected to a crime of violence by the recipient of services shall have the burden of establishing to the satisfaction of the Department by a preponderance of the evidence that the legally responsible relative was abandoned, abused, sexually abused, or subjected to a crime of violence by the recipient of services.

    B. Acceptable evidence for abuse and crimes of violence includes, but is not limited to:

    (1) Police reports; or

    (2) Medical records, or medical statements prepared by a physician, physician's assistant, or nurse.

    C. Acceptable evidence for abandonment includes, but is not limited to, affidavits from disinterested parties of the facts surrounding the abandonment.