2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter IV - Judicial Proceeding (§§ 447 — 447y) › § 447v - Parental rights; petition for termination

The Department may initiate a proceeding for the termination, restriction or suspension of parental rights under any of the following circumstances:
(a) When the father and/or mother consent to the termination of patria potestas. The parents may only waive their right to patria potestas if assisted by an attorney. Consent shall be given in writing, consciously and voluntarily, in court before a judge for its verification. The judge shall advise the parents on the consequences of the order of termination of patria potestas. If the court had accepted said waiver without complying with the admonishments stated above, said waiver shall be null and shall only be valid when proceeding pursuant to what is established in this subsection.
(b) When a minor has remained in a foster or substitute home for six (6) months, provided the Department has rendered services according to the permanent placement plan that has been established so the minor may return to his/her home.
(c) When the court has determined, in accordance with the provisions of this chapter, that reasonable efforts are not in order, and directs that efforts to reunite not be made.
(d) When the court determines, pursuant to the requirements set forth in this chapter, that the father and/or mother is unwilling or unable to assume responsibility and protect the minor from risks to his/her health and physical, mental, emotional and/or sexual integrity, and that such circumstances will not change within a period of six (6) months after having initiated the proceedings according to the hearing presented in the case.
(e) When the court determines that the father and/or mother has not made efforts in good faith to rehabilitate himself or herself and be reunited with the minor.
(f) When any of the grounds within our body of laws for withdrawing, restricting or suspending patria potestas is present.
(g) When the minor has been abandoned, as evidenced by any of the following circumstances:
(1) When the father or mother has not communicated with the minor for a period of at least three (3) months, except when the court believes there is just cause for the non-communication;
(2) when the father or mother has not participated in any plan or program designed to reunite him or her with the minor, after the Department has made the necessary arrangements to obtain the participation of the father or mother, making use of its internal resources and/or the services of other outside agencies;
(3) when the father or mother fails to appear at the hearings for the protection of the minor, except when the court believes that there is just cause for such nonappearance;
(4) when the minor is found in circumstances that make it impossible to ascertain the identity of his or her father or mother; or when their identity is known, but their whereabouts are unknown in spite of the efforts made to locate them; and when the father or mother fails to claim the minor within thirty (30) days of the minor having been found.
The Department shall not need to file a petition for termination of patria potestas if it decides to place the minor with a relative, or if it informs the court that termination of patria potestas is detrimental to the best interests of the minor.
History —Aug. 1, 2003, No. 177, § 53; Sept. 16, 2004, No. 356, § 5; Sept. 29, 2004, No. 510, § 15; Dec. 18, 2009, No. 186, § 30, eff. 30 days after Dec. 18, 2009.