reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 11 - Products and Funds (§§ 181 — 184) › § 181 - Disposition of products, regulation

The Secretary of the Family is hereby authorized to regulate the manner of disposing of the products obtained as a result of the apprenticeship and social treatment program in institutions for minors and for the blind under its jurisdiction. The products may be used by the institutions of said department or may be sold to other departments and agencies of the Commonwealth or to private establishments or persons.
History —June 25, 1969, No. 76, p. 225, § 1.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 11 - Products and Funds (§§ 181 — 184) › § 182 - Special fund

A special fund to be known as the Apprenticeship and Social Treatment Project Fund of Institutions for Minors of the Department of the Family is hereby created in the books of the Secretary of the Treasury. Into said fund there shall be covered the items appropriated to carry out these projects and the money obtained from the sale of the products obtained in the said programs. The funds so covered shall be used for the development of the apprenticeship and social treatment projects in the institutions for minors and for the blind and to compensate the inmates who participate from the proceeds of the products.
History —June 25, 1969, No. 76, p. 225, § 2.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 11 - Products and Funds (§§ 181 — 184) › § 183 - Participation

The participation granted to the inmates for the sums obtained from these products shall be credited in the special deposit kept by the Secretary of the Treasury for each institution.
History —June 25, 1969, No. 76, p. 225, § 3.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 11 - Products and Funds (§§ 181 — 184) › § 184 - Receipt, deposit and disbursement of funds; regulation

The Secretary of the Treasury is hereby empowered to prescribe regulations for the receipt, deposit and disbursement of money obtained [from products] sold under this chapter.
History —June 25, 1969, No. 76, p. 225, § 4.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 13 - Seeing-Eye Dogs (§§ 201 — 204) › § 201 - Right of person with disability to be accompanied by animal helper

Any person with a disability who is accompanied by a duly trained animal helper, authorized by a competent authority, is hereby authorized to travel in any train, launch, bus, taxi, public car, or any other means of transportation. Said person is also authorized to enter any cafeteria, hotel, motel, restaurant, hospital, tourist cabin, building, establishment, and park, as well as recreational, sports, and artistic performance facilities, or bathing resort, public establishments, or any other facilities available to the public accompanied by said animal. Said person with a disability shall not be required to pay any additional sum to enter his/her animal into said establishments.
The person with a disability may keep his/her animal helper by his side during the entire time he/she remains in any of the public places or vehicles mentioned above, provided said animal is under his immediate custody and is duly identified.
History —May 29, 1970, No. 51, p. 117, § 1; May 17, 1979, No. 46, p. 103; Dec. 21, 1994, No. 141, § 1.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 13 - Seeing-Eye Dogs (§§ 201 — 204) › § 202 - Appropriate records

For the purposes of this chapter, an animal helper shall mean any animal that has been trained to accompany and aid a person with hearing, visual, or mobility disability, or a disability of any other kind, which is certified as an animal helper by a trainer qualified therefor, and said training may be proven by a card, document, or tag on the animal’s collar.
In those cases that the animal is not wearing a tag which duly identifies it as a trained animal, the person with disabilities shall have in his possession and offer for examination at the request of the owner or person in charge of the vehicle, business, park, site, or establishment, the card or document which shall be issued, as well as the tag, by a recognized training school for animal helpers, accrediting the fact that the animal is duly trained and does not constitute any danger whatsoever to the general public.
The animal shall also have a health certificate issued by a veterinarian licensed to practice the profession in Puerto Rico, or by the competent authorities of the country of origin of the animal helper, to the effect that it does not suffer from any contagious disease whatsoever. Said certificate shall be valid for the term of one year and shall be renewed upon expiration of the said term. If the animal helper does not meet said health requirement, the person with disabilities cannot avail him/herself of the benefits of this chapter.
History —May 29, 1970, No. 51, p. 117, § 2; Dec. 21, 1994, No. 141, § 1.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 13 - Seeing-Eye Dogs (§§ 201 — 204) › § 203 - Penalties

Any person who hinders a person with disabilities from enjoying the rights provided in this chapter, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine which shall not exceed one hundred dollars ($100), or imprisonment for a maximum term of thirty (30) days, or both penalties, at the discretion of the court. For each subsequent violation, said person shall be punished by a fine of not less than two hundred dollars ($200), or imprisonment for a maximum term of sixty (60) days, or both penalties, at the discretion of the court.
Any person who uses force or violence in order to prevent a person with disabilities accompanied by his/her animal helper from entering a public place or a means of public transportation, and injures the person with disabilities, shall be guilty of felony and shall be punished by imprisonment for a fixed term of three (3) years.
If there are aggravating circumstances, the fixed penalty established herein may be increased to a maximum of five (5) years; if there are extenuating circumstances, it may be reduced to a maximum of two (2) years. In addition thereto, the court may impose the penalty of restitution, as established in section 49A of the Penal Code.
History —May 29, 1970, No. 51, p. 117, § 3; May 17, 1979, No. 46, p. 103; Dec. 21, 1994, No. 141, § 1.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 13 - Seeing-Eye Dogs (§§ 201 — 204) › § 204 - Dispensing with prohibitions

Any law which forbids the admission of persons accompanied by animals to public places, establishments, or vehicles, shall not apply to persons with disabilities who are accompanied by their animal helpers that are duly accredited as such in accordance with § 202 of this title.
History —May 29, 1970, No. 51, p. 117, § 4; Dec. 21, 1994, No. 141, § 1.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 15 - Integral Social Security (§§ 251 — 254) › § 251 - Commission on Integral Social Security—Creation; composition

A Commission on Integral Social Security System is hereby created which shall hereafter be referred to as the Commission.
The Commission shall be composed of five (5) persons appointed by the Governor of the Commonwealth of Puerto Rico, one of whom he shall designate as Chairman.
The members of the Commission shall receive a per diem of fifty dollars ($50) for each meeting they attend or for each day in which they perform functions related [to] the duties imposed on them by this resolution, provided they are not public employees of the Commonwealth of Puerto Rico, in which case they shall fulfill such functions without any compensation whatsoever. However, such members shall be entitled to be reimbursed for necessary expenses they may really incur in the fulfillment of their official duties, in accordance with the applicable regulations of the Department of the Treasury.
History —July 23, 1974, No. 221, Part 2, p. 154, § 1, retroactive to July 1, 1974.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 15 - Integral Social Security (§§ 251 — 254) › § 252 - Commission on Integral Social Security—Functions; reports

(a) The Commission shall carry out surveys aimed at analyzing the problem of Social Security in the Commonwealth of Puerto Rico.
(b) The Commission shall study the social welfare and security systems operating in Puerto Rico, including but without being limited to the State Insurance Fund, the Automobile Accident Compensation Administration, the Non-Occupational Disability Insurance and all public and private retirement, unemployment insurance, and accident insurance plans, and any other public and private welfare programs. In [a] measure deemed advisable, it may make surveys of plans, insurance or security and/or social welfare programs in the United States of America or in any other country.
(c) The Commission shall prepare an overall plan for the establishment of an integral social security system. The plan developed by the Commission shall detail financing and organizational alternatives, its possible redistributive effects, and its social implications within the legal frame and the traditions and social and cultural aspirations of the people of Puerto Rico. It shall also specify the necessary mechanisms to assure ample and effective participation of its beneficiaries in the administration and in the decisional process of the integral social security system.
(d) The Commission shall also study the feasibility of establishing alternate plans of economic assistance, such as the minimum guaranteed income through the system of negative contribution of income, or by family subsidies through social security, or others.
(e) The Commission shall render reports every six months to the Governor and the Legislature, and shall render a final report to the Governor and the Legislature not later than thirty (30) months after said Commission has been constituted, containing the result of the work and activities entrusted to it hereunder. Likewise, it shall submit to the Governor within the term above mentioned drafts of the bills to facilitate the establishment of an integral social security system in Puerto Rico.
History —July 23, 1974, No. 221, Part 2, p. 154, § 2; May 27, 1976, No. 60, p. 174, eff. July 1, 1976.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 15 - Integral Social Security (§§ 251 — 254) › § 253 - Commission on Integral Social Security—Powers

For the purposes of attaining the [aims] of this chapter, the Commission shall have the following powers:
(a) To use available resources within the public agencies and instrumentalities, such as use of information, offices, personnel, equipment, material and other facilities, and said agencies and instrumentalities are hereby authorized to place such resources at the disposal of the Commission.
(b) To carry out any investigation in any place to fulfill the purposes of this chapter, and it may, likewise, visit and inspect public and private institutions engaged in providing social services and in subscribing, selling or administering retirement or insurance plans.
(c) To hold public or executive hearings when deemed necessary. No evidence or testimony offered in an executive hearing before the Commission shall be made public without the consent of the Commission expressed by a resolution to that effect.
(d) To receive and administer funds from legislative appropriations. It may likewise receive and administer funds from the federal government appropriations or gifts of any kind and origin. It is further authorized to receive and use funds transferred to it from departments, agencies or instrumentalities of the Commonwealth.
(e) To require the appearance under subpoena, of witnesses and the production of books, documents, records or other evidence related to matters under its consideration. Likewise, the Commission and any of its members may administer oaths and take testimonies.
When a witness summoned by the Commission fails to appear to testify or produce evidence required of him, or when he refuses to answer any question, the Chairman may request the assistance of the Court of First Instance to compel the attendance or testimony of the witness or the production of evidence required, as the case may be. The Secretary of Justice shall furnish to the Commission the necessary legal assistance for such purposes.
After the petition is filed with the Court of First Instance, the latter shall summon the witness to appear and depose, or to produce the evidence requested, or both, before the Commission, and any disobedience of the order issued by the court shall be [held in] civil contempt.
The evidence requested and produced by any witness summoned by the Commission may not be used against him/her in any criminal, civil or administrative proceeding.
History —July 23, 1974, No. 221, Part 2, p. 154, § 3, retroactive to July 1, 1974.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 15 - Integral Social Security (§§ 251 — 254) › § 254 - Commission on Integral Social Security—Powers of Chairman; Executive Secretary

Besides the powers inherent in the office of presiding officer of a Commission, the Chairman shall have the following powers:
(a) He shall appoint the Executive Secretary, who shall direct and supervise the technical and administrative work of the Commission. He shall also appoint all necessary personnel, which shall not be subject to the provisions of Act No. 345 of May 12, 1947, as amended, known as the “Personnel Act”.
(b) He may contract for the specialized services of private persons and organizations and public agencies or instrumentalities, and officers and employees of the Commonwealth outside their working hours, paying them the proper compensation, without [being subject] to the provisions of § 551 of Title 3 or any other law to the contrary.
(c) All those powers granted to the Commission and which the latter may deem fit to delegate to him by resolution to that effect.
History —July 23, 1974, No. 221, Part 2, p. 154, § 4, retroactive to July 1, 1974.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 17 - Food Stamp Program (§§ 301 — 309) › § 301 - Initial expenses

The sum of one million eight hundred thousand dollars ($1,800,000) is hereby appropriated from any unencumbered funds in the Commonwealth Treasury to the Department of the Family for the initial expense of setting up the Food Stamp Distribution Program.
History —Mar. 26, 1974, J.R. No. 5, Part 2, p. 347, § 1.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 17 - Food Stamp Program (§§ 301 — 309) › § 302 - Assistant Secretary Office of Public Welfare, purchases, regulation

The provisions of Act June 29, 1954, No. 96, known as the Procurement and Service Act, shall not be applied to purchases that will have to be made for the operation of the Assistant Secretary Office of Public Welfare; Provided, That the Secretary of the Family shall establish the proceedings to regulate such purchases.
History —Mar. 26, 1974, J.R. No. 5, Part 2, p. 347, § 2.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 17 - Food Stamp Program (§§ 301 — 309) › § 303 - Personnel of Program—Classification

The personnel of the Food Stamp Program shall be included in the Exempt Service, § 8 of Act No. 345 of May 12, 1947, known as the Personnel Act; except the personnel who participate in the eligibility determination of the participants of the program who shall be included in the Classified Service of said Act. The Secretary’s Office of the Family shall adopt regulations for the administration of the personnel included in the Exempt Service.
History —Mar. 26, 1974, J.R. No. 5, Part 2, p. 347, § 3.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 17 - Food Stamp Program (§§ 301 — 309) › § 304 - Personnel of Program—Retention of rights and privileges

The personnel transferred to the Food Stamps Program from other government programs shall retain all rights acquired at the time of making the transfer under the personnel laws and regulations, as well as their rights, privileges, obligations and status with respect to any system or systems of pension, retirement or savings and loan funds to which they may be affiliated upon approval of this act.
History —Mar. 26, 1974, J.R. No. 5, Part 2, p. 347, § 4.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 17 - Food Stamp Program (§§ 301 — 309) › § 305 - Personnel transferred to Assistant Secretary Office, status

The personnel transferred to the Assistant Secretary, Office of Public Welfare who, at present, is included in the Exempt Service administered by the Office of Personnel of the Commonwealth, shall retain all the rights acquired by them at the time of making the transfer under the laws and regulations of personnel, as well as their rights, privileges, obligations and status with respect to any existing system or systems of pension, retirement or savings act.
History —Mar. 26, 1974, J.R. No. 5, Part 2, p. 347, § 5.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 17 - Food Stamp Program (§§ 301 — 309) › § 306 - Eligibility to participate, false statements, penalty

Any person who makes a statement or furnishes any information on any material fact knowing that it is false; or who knowingly conceals any material fact for the purpose of influencing the action of the Department of the Family in any way in relation with its responsibilities pursuant to the Federal Food Stamp Act, No. 88-525 of August 31, 1964, as subsequently amended, with respect to the eligibility determination and/or certification to participate in said Program; or who through such statements or false information or concealment comes into possession of any stamp shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for a term of not more than five (5) years nor less than one (1) year, or a fine of not more than five thousand dollars ($5,000), nor less than one thousand dollars ($1,000), or both penalties at the discretion of the court.
History —July 23, 1974, No. 137, Part 1, p. 642, § 1; May 27, 1980, No. 52, p. 140, § 1.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 17 - Food Stamp Program (§§ 301 — 309) › § 307 - Illegal use, transfer, alteration or presentation of stamps, penalties

Any person, whether a participant [in] the Food Stamp Program or not, who knowingly uses, transfers, acquires, alters or possesses food stamps or authorizations for food stamps worth one hundred dollars ($100) or more not authorized in any way by the Federal Food Stamp Act and/or the Federal Department of Agriculture or any regulations approved by virtue of said Act, shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for a term of not more than five (5) years nor less than one (1) year, or a fine of not more than ten thousand dollars ($10,000) nor less than one thousand dollars ($1,000), or both penalties at the discretion of the court.
Any person, whether a participant of the Food Stamp Program or not, who knowingly uses, transfers, acquires, alters or possesses food stamps or authorizations for food stamps worth less than one hundred dollars ($100) not authorized in any way by the Federal Food Stamp Act and/or the Federal Department of Agriculture or any regulations approved by virtue of said act, shall be guilty of a misdemeanor and upon conviction shall be punished by imprisonment for a term of not more than six (6) months nor less than (30) days, or a fine of not more than five hundred dollars ($500) nor less than one hundred dollars ($100), or both penalties [at] the discretion of the court.
History —July 23, 1974, No. 137, Part 1, p. 642, § 2; May 27, 1980, No. 52, p. 140, § 1.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 17 - Food Stamp Program (§§ 301 — 309) › § 308 - Illegal redemption of food stamps, penalties

Any person, whether a participant in the Food Stamp Program or not, who presents or causes food stamps to be presented for payment or redemption in the amount of one hundred dollars ($100) or more, knowing that they have been received, transferred or used in violation of the Federal Food Stamp Act and/or the Federal Department of Agriculture or of any regulation approved by virtue of said act in any way, shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for a term of not more than five (5) years nor less than six (6) months or a fine of not more than ten thousand dollars ($10,000) nor less than one thousand dollars ($1,000), or both penalties at the discretion of the court.
Any person, whether a participant in the Food Stamp Program or not, who presents or causes stamps to be presented for payment or redemption in an amount less than one hundred dollars ($100), knowing that they have been received, transferred or used in violation of the Federal Food Stamp Act or of any regulations approved by virtue of said act in any way, shall be guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment for a term of not more than six (6) months nor less than thirty (30) days, or a fine of not more than five hundred dollars ($500) nor less than one hundred dollars ($100), or both penalties at the discretion of the court.
History —July 23, 1974, No. 137, Part 1, p. 642, added as § 3 on May 27, 1980, No. 52, p. 140, § 2.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 17 - Food Stamp Program (§§ 301 — 309) › § 309 - Ineligibility to participate as additional penalty

In addition to the penalties imposed, as established in §§ 306–308 of this title, the court may order any person ineligible to participate in the Food Stamp Program for a term of not less than six (6) months nor more than twenty-four (24) months.
History —July 23, 1974, No. 137, Part 1, p. 642, added as § 4 on May 27, 1980, No. 52, p. 140, § 2.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 18 - Bill of Rights for Elderly Persons (§§ 341 — 347) › § 341 - Public policy

The Commonwealth of Puerto Rico acknowledges its responsibility to provide adequate conditions that shall further the enjoyment of a full life and the natural human and legal rights of elderly persons to the extent its resources and means shall allow. It is hereby stated, as a public policy, to assure elderly persons:
(a) The planning, rendering and accessibility of services for them [in] terms of geographic location, means of transportation, as well as other complementary and alternate resources, including assistive technology services and equipment.
(b) Optimum access to and use of the best health services.
(c) Services and means to enable aged persons to remain with their family whenever possible. When needed, it shall provide them with a substitute home leaving their entrance into an institution as a last resort.
(d) Respect of their individual rights, limiting them only when it is needed for their health and safety and as a therapeutic measure certified by a duly licensed physician.
(e) The protection of their physical or mental health and of their property against threats, harassment, coercion or disturbance by any natural or juridical person, including financial exploitation, defined as the improper use of an adult’s funds, property or resources by another individual including, but not limited to, fraud, false pretenses, embezzlement, conspiracy, forgery, falsifying records, coercion, property transfers or denial of access to assets.
(f) The effective operation of the rights consigned in the Bill of Rights of the Constitution of the Commonwealth of Puerto Rico and the applicable laws and regulations.
History —July 12, 1986, No. 121, p. 389, § 1; Dec. 26, 1997, No. 192, § 1; Aug. 7, 2008, No. 196, § 1; Aug. 5, 2009, No. 58, § 2.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 18 - Bill of Rights for Elderly Persons (§§ 341 — 347) › § 342 - Definitions

The following terms shall have the meaning stated hereinbelow:
(a) Elderly person.— A person who is sixty (60) years of age or older.
(b) Care establishment.— Any institution, day or night care center, substitute home, or day care home, as defined in §§ 351 et seq. of this title, which offers care to elderly persons outside of their home during the entire day, or part thereof.
(c) Residential establishment.— Any home or institution as defined in §§ 351 et seq. of this title, which renders care for twenty-four (24) hours a day and for a prolonged period of time.
(d) Coercion.— Physical or psychological force or violence exerted on a person to compel said person to say or do something.
(e) Harassment.— Words, gestures or actions addressed to molest, persecute or disturb an elderly person.
(f) Intimidation.— Any action or word whose purpose is to exert moral pressure on the will of an elderly person, who, for fear of suffering physical or emotional harm on his/her person, or property or another person, is compelled to perform an act against his/her will.
(g) Physical abuse.— Any injury or condition which provokes or creates a substantial risk which may cause the disfigurement or temporary or permanent disability of any bodily part or function, or other forms of bodily harm or injury.
(h) Mental or physical abuse.— Any act or conduct which may bring dishonor, discredit or create contempt for personal values, unreasonable limitation of access and management of goods or chattels, isolation, lack of access to proper sustenance or rest, threats, or destruction of objects dear to the person.
(i) Restraining order.— Any mandate issued in writing under the seal of a court, which dictates the measures to an aggressor to abstain from incurring or performing certain acts or conduct which constitute abuse of an elderly person.
(j) Assistive technology.— Any equipment or service which contributes to improving, maintaining or increasing the residual capabilities of elderly persons.
(k) Financial exploitation.— The improper use of an adult’s funds, property or resources by another individual including, but not limited to, fraud, false pretenses, embezzlement, conspiracy, forgery, falsifying records, coercion, property transfers or denial of access to assets.
History —July 12, 1986, No. 121, p. 389, § 2; Jan. 6, 1998, No. 9, § 1; Aug. 7, 2008, No. 196, § 2; Aug. 5, 2009, No. 58, § 3.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 18 - Bill of Rights for Elderly Persons (§§ 341 — 347) › § 345 - Rights of elderly persons—Lodged in residential or medico-hospital establishment

Elderly persons shall also have the following rights when they are admitted voluntarily or involuntarily to a residential or medico-hospital establishment:
(a) In every process of voluntary admission to medico-hospital institutions, convalescent homes, substitute homes or a residential service of any nature, elderly persons shall receive all legal, procedural and substantive guarantees from their family, tutor, agency or professional in whose charge they are as any other citizen would have.
(b) Such rights shall be guaranteed in practice throughout the entire treatment period, its termination and its followup.
(c) In cases of involuntary admission, the elderly person shall be entitled to:
(1) Request the director to grant and conduct a hearing to discuss the confinement. The establishment shall provide the needed means of communication.
(2) That the involuntary confinement is not extended beyond the time stipulated by the corresponding laws and regulations in tune [sic] with their treatment.
(3) Request to be present at and attend medical or legal hearings.
(4) Receive the visits of and consult with lawyers personally, by mail, telephone or any other legitimate means of communication.
(5) Contract the services of a lawyer, or request them from the court, the Legal Services Corporation or the Legal Aid Society, if indigent.
(6) Have an independent expert to evaluate the case and, if unable to remunerate him/her, request it from the corresponding agency which shall provide the service.
History —July 12, 1986, No. 121, p. 389, § 5.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 18 - Bill of Rights for Elderly Persons (§§ 341 — 347) › § 346 - Rights of elderly persons—Suit to claim

All elderly persons, on their own, or by their tutor, or through a public official, police officer or private person concerned for their welfare, may go, before the Unit to Investigate and Prosecute Civil Rights Violations of the Department of Justice, or before the Office of the District Attorney of the Judicial Center closest to their residence, or before any part of the Court of First Instance of the judicial district where they reside, to claim any right or benefit enacted in this chapter or to request the suspension of any action which contravenes its provisions. The district attorneys and the courts shall grant priority to the actions brought by virtue of this section. The courts shall have the power to appoint legal counsel or a judicial defender for the elderly persons and issue any order or judgment pursuant to law which may be needed to implement the provisions of this chapter. Noncompliance of the orders and judgments issued by the court by virtue of this section shall constitute civil contempt.
History —July 12, 1986, No. 121, p. 389, § 6; Dec. 26, 1997, No. 192, § 3.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 18 - Bill of Rights for Elderly Persons (§§ 341 — 347) › § 346a - Restraining orders

Any elderly person who has been the victim of abuse or of conduct which constitutes a crime as typified in the Penal Code of the Commonwealth of Puerto Rico or in any other special law, may pro se, or through a legal representative, law enforcement officer, guardian or public official or any private person interested in the welfare of the elderly person, file a petition before the court and request a restraining order, without first having to file a complaint or an accusation. After the court has determined that there are sufficient grounds to believe that the petitioner has been the victim of physical, mental or psychological abuse, harassment, coercion, intimidation or any other crime, it may issue a restraining order. Said order may include, without it being construed as a limitation, the following:
(a) An order for the defendant to vacate the residence he/she shares with the petitioner, regardless of the right claimed thereon.
(b) An order for the defendant to abstain from molesting, harassing, persecuting, intimidating or threatening an elderly person or in any other way interfering with his/her rights as acknowledged in this chapter.
(c) An order for the defendant to abstain from entering any place where the petitioner may be found, when at the discretion of the court, said restriction may be necessary to prevent the defendant from molesting, intimidating, threatening, disturbing the peace or otherwise interfering with the petitioner.
(d) An order for the defendant to pay support if legally bound to do so.
(e) An order prohibiting the defendant from disposing in any way of the private property of the petitioner. Provided, That when the administration of a business, commercial or industrial concern is involved, the party against whom the order is issued must submit a monthly financial report to the court accounting for its administrative efforts.
(f) An order concerning any of the provisional measures regarding the possession and use of the residence of the parties and other chattels.
(g) An order for the defendant to pay financial compensation from his/her own estate for the damages caused by his/her abusive behavior. Said compensation may include, but shall not be limited to a compensation for moving expenses, expenses for repairs to the property or for legal, medical, psychiatric, psychological, counseling, orientation, housing, lodging, assistive technology or any other such similar expenses, without prejudice to other civil actions to which the petitioner may be entitled.
(h) An order for the owner or person in charge of a residential or hospital establishment, where the petitioner may be found, to take the necessary measures to ensure that the order or any part thereof is not violated.
(i) Any other order issued as needed to comply with the purposes and public policy of this chapter.
History —July 12, 1986, No. 121, p. 389, added as § 6.1 on Jan. 6, 1998, No. 9, § 2; Aug. 7, 2008, No. 196, § 4.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 18 - Bill of Rights for Elderly Persons (§§ 341 — 347) › § 346b - Competence

Any judge of the Court of First Instance may issue a restraining order pursuant to this chapter. Any restraining order may be revised by any court of higher competence.
History —July 12, 1986, No. 121, p. 389, added as § 6.2 on Jan. 6, 1998, No. 9, § 2, eff. 60 days after Jan. 6, 1998.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 18 - Bill of Rights for Elderly Persons (§§ 341 — 347) › § 346c - Procedure

Any person may request the civil remedies established in this chapter for him/herself or on behalf of any other person when the latter suffers from physical or mental disability, in case of emergency or when the person is unable to make the request on his/her own. The right to request the remedies established herein shall not be affected because the petitioner has abandoned his/her residence to avoid being abused or becoming the victim of any other crime.
(a) Procedure to initiate the action. — The procedure to obtain a restraining order may be initiated:
(1) By filing a verbal or written petition; or
(2) as part of any other case pending between the parties, or
(3) at the request of the Department of Justice in a criminal proceeding, or as a condition for probation or parole.
To allow the interested parties to promptly obtain a restraining order under this chapter, the Office of the Courts Administration shall make available at the Office of the Court Clerk of Puerto Rico simple forms on which to request and process said order. Likewise, it shall provide the assistance and guidance needed to complete and file them.
History —July 12, 1986, No. 121, p. 389, added as § 6.3 on Jan. 6, 1998, No. 9, § 2, eff. 60 days after Jan. 6, 1998.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 18 - Bill of Rights for Elderly Persons (§§ 341 — 347) › § 346d - Notice

(a) Once a petition for a restraining order has been filed according to the provisions of this chapter, the court shall issue a summons to the parties in question under admonishment of contempt, for them to appear within a term which shall not exceed five (5) days.
(b) The service of the summons and the copy of the petition shall be made pursuant to the Rules of Civil Procedure of Puerto Rico and shall be executed by an officer of the court or by any other law enforcement officer as promptly as possible and it shall take preference over any other type of summons, except those of a similar nature. The court shall keep a record of every case in which every summons issued pursuant to this chapter shall be noted.
(c) The failure of a person to appear after being duly summoned pursuant to this chapter shall be punishable as contempt to the court which issued the summons.
(d) Once the petition has been filed, notice thereof shall be served pursuant to the Rules of Civil Procedure of Puerto Rico.
(e) At the request of the petitioner, the court may order that the summons be served by any person over eighteen (18) years of age who is not a party to the case.
History —July 12, 1986, No. 121, p. 389, added as § 6.4 on Jan. 6, 1998, No. 9, § 2, eff. 60 days after Jan. 6, 1998.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 18 - Bill of Rights for Elderly Persons (§§ 341 — 347) › § 346e - Ex parte orders

Other legal provisions notwithstanding, the court may issue an ex parte restraining order should it determine that:
(a) Diligent, although unsuccessful steps have been taken to serve the defendant with a copy of the summons issued by the court and the petition filed with the court, or
(b) there is a probability that the act of previously serving the defendant shall cause the irreparable damage which is sought to be avoided by requesting the restraining order, or
(c) when the petitioner shows that there is a substantial probability of immediate risk of abuse or becoming the victim of any crime.
Whenever the court issues an ex parte restraining order it shall be of a provisional nature and the court shall immediately serve the defendant with a copy thereof or in any other manner and shall provide the defendant with an opportunity to challenge said order. For this purpose it shall schedule a hearing to be held within the following five (5) days after the ex parte order has been issued, unless the defendant requests an extension to such effect and shows just cause. During said hearing the court may render the order ineffective, modify it or extend its effects for the term it may deem necessary.
History —July 12, 1986, No. 121, p. 389, added as § 6.5 on Jan. 6, 1998, No. 9, § 2, eff. 60 days after Jan. 6, 1998.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 18 - Bill of Rights for Elderly Persons (§§ 341 — 347) › § 346f - Contents of the restraining orders

(a) Every restraining order must specifically set forth the orders issued by the court, the remedies ordered and its term of effectiveness.
(b) Every restraining order must set forth the date and hour that it was issued and specifically serve the parties that any violation of the same shall constitute a misdemeanor which could result in a term of imprisonment, a fine, or both penalties, as provided in § 346h of this title.
(c) Any ex parte restraining order must include the date and hour in which it was issued and must indicate the date, time and place that the hearing will be held for the extension or annulment of the same and state the reasons for which it was necessary to issue said order ex parte.
(d) Every restraining order issued by a court shall be set forth on a form designed by the Office of the Courts Administration.
History —July 12, 1986, No. 121, p. 389, added as § 6.6 on Jan. 6, 1998, No. 9, § 2, eff. 60 days after Jan. 6, 1998.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 18 - Bill of Rights for Elderly Persons (§§ 341 — 347) › § 346g - Notice to the parties and the law enforcement agencies

(a) A copy of every restraining order must be filed with the Office of the Clerk of the Court which issues the same. The Office of the Court Clerk shall provide a copy thereof at the request of the parties or of any interested person.
(b) Any order issued under to this chapter must be personally served on the defendant, whether through an officer of the court, a law enforcement officer, any person over eighteen (18) years of age who is not a party to the case or according to the procedure established in the Rules of Civil Procedure.
(c) In or before ten (10) working days, the Office of the Court Clerk shall send a copy of the orders issued under to this chapter to the Area Headquarters of the Puerto Rico Police, which shall be responsible for maintaining a record of the restraining orders thus issued.
(d) The Puerto Rico Police shall provide adequate protection to the party in whose benefit a restraining order is issued.
History —July 12, 1986, No. 121, p. 389, added as § 6.7 on Jan. 6, 1998, No. 9, § 2, eff. 60 days after Jan. 6, 1998.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 18 - Bill of Rights for Elderly Persons (§§ 341 — 347) › § 346h - Noncompliance

Any knowing violation of a restraining order issued pursuant to this chapter shall be punished as a misdemeanor and the convicted person shall be sanctioned with a term of imprisonment that shall not exceed six (6) months, a fine that shall not exceed five thousand dollars ($5,000), or both penalties in the discretion of the court. Likewise, the court may order that community service be rendered in lieu of the term of imprisonment established herein. Notwithstanding the provisions of Rule 11, as amended, and even though there may not be an order to such effect, any law enforcement officer must make an arrest if presented with a restraining order issued pursuant to this chapter against the person to be arrested, or if he/she determines that there is such order after communicating with the pertinent authorities and he/she has grounds to believe that the provisions of the same have been violated.
History —July 12, 1986, No. 121, p. 389, added as § 6.8 on Jan. 6, 1998, No. 9, § 2; May 2, 2006, No. 81, § 1; Dec. 29, 2009, No. 199, § 1.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 18 - Bill of Rights for Elderly Persons (§§ 341 — 347) › § 346i - Powers of the Department of the Family

The Department is hereby empowered to adopt the rules, norms, regulations and forms, as well as to establish the procedures necessary to enforce the provisions of this chapter. The Department shall have the power to intervene in all situations of abuse, institutional abuse, abuse by negligence, and abuse by institutional negligence. Likewise, it shall be responsible for the prevention, identification, investigation, protecting supervision and social treatment of all elderly persons who are victims of abuse, institutional abuse, abuse by negligence and/or abuse by institutional negligence, and their families, including the bringing and presenting of the pertinent legal actions before the court. The Department shall likewise have the functions and responsibilities delegated to it by this chapter.
The Department shall establish a Direct Emergency and Assistance Line for Elderly Persons to be denominated “Golden Hotline,” and provide all necessary resources, including a special communications system free of charge, through which elderly persons and/or any citizen may report situations of emergency, abuse or negligence twenty-four (24) hours a day, seven (7) days a week.
History —July 12, 1986, No. 121, p. 389, added as § 7 on Dec. 17, 2003, No. 305, § 4.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 18 - Bill of Rights for Elderly Persons (§§ 341 — 347) › § 346j - Reports—Professionals and officials under obligation to report

Professionals or public officials, public or private and privatized entities that in their professional capacity and in the discharge of their functions learn or suspect that an elderly person is, has been, or is at risk of being a victim of abuse, institutional abuse, abuse by negligence and/or abuse by institutional negligence, are hereby placed under the obligation to report those cases in which there is or there is the suspicion that there is a situation of abuse, institutional abuse, abuse by negligence and/or abuse by institutional negligence against an elderly person; as well as health, education, social work and law enforcement professionals, and persons engaged in directing or working in care institutions or establishments that offer care services during a twenty-four (24)-hour day or part thereof. They shall report such a fact through the “Golden Hotline” and the Puerto Rico Police and/or the Office of Elderly Affairs, attached to the Office of the Governor.
History —July 12, 1986, No. 121, p. 389, added as § 8 on Dec. 17, 2003, No. 305, § 4.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 18 - Bill of Rights for Elderly Persons (§§ 341 — 347) › § 346k - Reports—Other persons to report

Any person who learns or suspects that an elderly person is a victim of abuse, institutional abuse, abuse by negligence and/or abuse by institutional negligence shall report such a fact through the “Golden Hotline”, to the Puerto Rico Police, and/or to the Office of Elderly Affairs, attached to the Office of the Governor, in the manner provided for by this chapter. The information thus furnished shall be kept in strict confidentiality, as well as the identity of the person who furnished the information.
History —July 12, 1986, No. 121, p. 389, added as § 9 on Dec. 17, 2003, No. 305, § 4.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 18 - Bill of Rights for Elderly Persons (§§ 341 — 347) › § 346l - Emergency custody

Any Commonwealth or municipal police officer, social technician or worker especially designated by the Department, official designated by the Office of Elderly Affairs, attached to the Office of the Governor, official of the Commonwealth Emergency Management and Disaster Administration Office, any physician or other health professional that has an elderly person under treatment, shall assume emergency custody, even when the elderly person is under the temporary or permanent care of a tutor or a person responsible for his or her well-being, when the following circumstances occur, as they may apply[:]
(a) He or she learns or believes that there is a risk for the safety, health and bodily, mental, emotional and/or moral integrity of the elderly person.
(b) The tutor or person responsible for the welfare of the elderly person are not accessible or do not consent the removal of the elderly person, this only in the case that the elderly person is under the temporary or permanent care of any of these.
The person in charge of a hospital or a similar medical institution shall assume emergency custody of an elderly person when he or she learns or believes that the latter has been a victim of abuse, institutional abuse, abuse by negligence and/or abuse by institutional negligence; when he or she understands that the facts so warrant, even if no additional medical treatment is required, even if the tutor or the persons responsible for the welfare of the elderly person request that he or she be returned.
The person assuming emergency custody of an elderly person shall take the latter to the place previously designated for this purpose by the Department of the Family.
Any person assuming emergency custody of an elderly person shall report such a fact immediately through the “Golden Hotline”.
The emergency custody referred to in this section may not exceed twenty-four (24) hours, except in the cases on which an authorization from the court is procured and obtained.
No emergency custody shall or may be assumed in violation of the rights of the elderly person. The elderly person, provided he or she is fully mentally competent and/or unless there is a medical or legal order that so warrants, shall be heard and tended to in relation to his or her interest and wish of being protected.
History —July 12, 1986, No. 121, p. 389, added as § 10 on Dec. 17, 2003, No. 305, § 4.