TITLE 28 - JUDICIAL ADMINISTRATION

CHAPTER I - DEPARTMENT OF JUSTICE

PART 32 - PUBLIC SAFETY OFFICERS' DEATH AND DISABILITY BENEFITS

subpart a - DEATH AND DISABILITY BENEFITS

32.13 - Determination of relationship of child.

  (a) 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.

  (b) Alternative. If the birth certificate does not show the public safety officer as the claimant's parent, the sufficiency of the evidence will be determined in accordance with the facts of a particular case.

Proof of the relationship may consist of (1) An acknowledgement in writing signed by the public safety officer; or (2) 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; or (3) Any other evidence which reasonably supports a finding of a parent-child relationship, such as (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; or (ii) Affidavits or sworn statements of persons who know that the officer accepted the child as his or her own; or (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.

  (c) Adopted child. Except as may be provided in paragraph (b) of this section, evidence of relationship must be shown by a certified copy of the decree of adoption and such evidence as may be necessary. In jurisdictions where 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 will be sufficient to establish the fact of adoption.

  (d) Stepchild. The relationship of a stepchild to the deceased officer shall be demonstrated by (1)(i) Evidence of birth to the spouse of the officer as required by paragraphs (a) and (b) of this section; or (ii) If adopted by the spouse, evidence of adoption as required by paragraph (c) of this section; or (iii) Other evidence, such as that specified in 32.13(b), which reasonably supports the existence of a parent-child relationship between the child and the spouse; (2) Evidence that the stepchild was either (i) Living with; or (ii) Dependent for support, as set forth in 32.15; or (iii) In a parent-child relationship, as set forth in 32.13(b), with the officer at the time of the officer's death; and (3) Evidence of the marriage of the officer and the spouse, as required by 32.12.