| (a) If you are a victim of domestic violence, we will
not make a finding of abuse or neglect against you solely because
the domestic violence was committed in close physical proximity to
the child. If the child is at risk of bodily injury or substantial
risk of physical, mental, or emotional harm due solely to the violence
committed against you, we will make a finding against you for failing
to remove the child from that risk of harm only if, after considering
the totality of the circumstances, we determine:
(1) you failed to take advantage of services or supports
that would have protected the child;
(2) the services or supports were known to you; and
(3) the services or supports were reasonably available
to you in the past or made available during the course of the investigation.
(b) If you are a perpetrator of domestic violence we
will make a finding of abuse or neglect against you if you engage
in conduct that is described by any of the definitions of abuse or
neglect in this division. In particular, we will make a finding of
neglectful supervision if you commit the act in such close physical
proximity to the child that the child's location and the level of
violence reasonably places the child at risk of bodily injury or substantial
risk of immediate harm.
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