reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 39 - Volunteerism (§§ 1025 — 1037) › § 1026 - Definitions

(a) Social interest or community activities.— Service, assistance, cultural and educational activities, those that are community-based, community development, for the promotion of causes and any others of similar nature.
(b) Health facilities.— Establishments that are certified and authorized to operate as such by the State, pursuant to the determinations and definitions set forth in §§ 331–333p of Title 24, such as: hospitals, health centers, public health units, diagnostics and treatment centers, public health services, long-term health care facilities, rehabilitation centers, medical facilities for the mentally retarded, mental health centers, psychosocial rehabilitation centers, chronic disease hospitals, general hospitals, mental hospitals, tuberculosis hospitals, and nonprofit health facilities.
(c) Volunteer.— An individual that with others, and pursuant to the concept of volunteerism as defined in § 1025 of this title, renders services to or for the benefit of third parties, freely and voluntarily, without any sort of compensation or material benefit whatsoever.
History —Sept. 8, 2004, No. 261, § 4, eff. 90 days after Sept. 8, 2004.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 39 - Volunteerism (§§ 1025 — 1037) › § 1027 - Scope of application

This chapter shall be applied to volunteers who render services without compensation within the scope of projects or formal and specific programs directed in whole or in part to addressing social and community interests, as described in § 1026 of this title, developed by the following types of organizations:
(a) Nonprofit entities duly registered and active in Puerto Rico and, as such, exempted from the payments of taxes by the Department of the Treasury.
(b) Health facilities, as defined in § 1026(b) of this title. In the case of the specific services rendered within the doctor-patient relationship, there shall be informed express consent from the patient, his/her guardian or tutor regarding such services.
(c) Public bodies, including the municipalities, agencies, dependencies and instrumentalities of the Commonwealth of Puerto Rico.
History —Sept. 8, 2004, No. 261, § 5, eff. 90 days after Sept. 8, 2004.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 39 - Volunteerism (§§ 1025 — 1037) › § 1028 - Volunteerism in public service

The municipalities, agencies, departments, and instrumentalities of the Government of Puerto Rico are hereby authorized to establish volunteer programs pursuant to the concept of volunteerism defined in § 1025 of this title.
Also, the Presiding Officers of both Legislative Houses are hereby directed to establish volunteer programs and to promulgate the necessary regulations. Senators and representatives may annually report to the citizenry on the activities in which they have voluntarily participated.
In addition to the foregoing, the Secretary of the Department of Education is hereby directed to create and organize, through school directors, volunteer programs for parents or other relatives or guardians in the schools of the public education system, in order for them to support the work of the Office of Public Schools Improvement and the Public Building Authority in improving the physical facilities of public schools. For such purposes, it is hereby provided that the Department of Education, as well as the Office of Public Schools Improvement and the Public Building Authority, shall provide organized volunteer groups with supplies as necessary to make improvements to the physical facilities and for works such as paint jobs, refurbishing, and rejuvenation of the schools’ physical facilities.
History —Sept. 8, 2004, No. 261, § 6; Aug. 18, 2005, No. 54, § 1; Mar. 18, 2010, No. 30, § 1.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 39 - Volunteerism (§§ 1025 — 1037) › § 1029 - Inapplicability of labor laws

The labor laws of the Commonwealth of Puerto Rico, except as set forth in this chapter, shall not be applicable to volunteers because they are not employees.
History —Sept. 8, 2004, No. 261, § 7, eff. 90 days after Sept. 8, 2004.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 39 - Volunteerism (§§ 1025 — 1037) › § 1030 - Per diems, allowances, and reimbursement of expenses

Money appropriated for per diems or allowances for volunteers to defray reasonable food, travel and incidental expenses incurred in the exercise of volunteer tasks or duties, or any reimbursement for such purposes, up to a maximum of one thousand five hundred dollars ($1,500.00) per year, shall not be considered to be a stipend or compensation pursuant to the fiscal and labor laws of the Commonwealth of Puerto Rico. Reimbursement to a volunteer for supplies or other expenses necessary for the rendering of health services shall not be considered a stipend or compensation for purposes of this chapter.
History —Sept. 8, 2004, No. 261, § 8, eff. 90 days after Sept. 8, 2004.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 39 - Volunteerism (§§ 1025 — 1037) › § 1031 - Extracontractual liability toward third parties

(a) Any person who works as a volunteer in a public or private organization shall be held harmless as such from any civil liability regarding any legal action based on his/her acts or omissions which cause any damages to a third party, provided it is proven that:
(1) The volunteer was acting within the scope of his/her duties and responsibilities, assigned to him/her as such in the corresponding public or private organization in which he/she rendered services.
(2) The damage was not caused deliberately or with malicious intent, nor due to willful or reckless criminal behavior, gross negligence or lack of concern for the rights or safety of the affected person.
(b) A public or private organization that employs volunteers for the rendering of its services shall make sure, at the time of assigning the duties and responsibilities to a volunteer, that he/she holds the license or certification required to carry out such duties and responsibilities. A volunteer who makes a false representation in this regard shall lose his/her immunity if such license or certification is necessary to carry out the duties and responsibilities within the scope in which the action or omission that caused damages to a third party occurred.
(c) Extracontractual liability toward third parties of any nonprofit organization subject to this Act, of health facilities as defined in § 1026(b) of this title, and of public bodies attached to any municipality, agency, dependency or instrumentality of the Commonwealth of Puerto Rico having a volunteer program included in § 1027(a) of this title for damages caused by any of its volunteers in the discharge of the duties and responsibilities assigned to him/her shall be determined in accordance with the limitations established for any legal actions and claims against the State in §§ 3077–3092a of Title 32, known as the Claims and Suits Against the Commonwealth Act.
History —Sept. 8, 2004, No. 261, § 9, eff. 90 days after Sept. 8, 2004.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 39 - Volunteerism (§§ 1025 — 1037) › § 1032 - Compensation for accidents while rendering services

Nonprofit organizations and health facilities included in subsections (a) and (b) of § 1027 of this title may, upon payment of the corresponding premium, avail themselves, regarding volunteers, of the benefits set forth in §§ 1 et seq. of Title 11, known as the Compensation System for Work-Related Accidents Act, which provides protection for persons who work as volunteers in public bodies attached to any municipality, agency, dependency or instrumentality of the Commonwealth of Puerto Rico.
Said premium shall be calculated based on one third of the monthly federal minimum wage, formula to be applied equally for the payment of premiums by persons who serve as volunteers in public bodies attached to any municipality, agency, dependency or instrumentality of the Commonwealth of Puerto Rico.
History —Sept. 8, 2004, No. 261, § 10, eff. 90 days after Sept. 8, 2004.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 39 - Volunteerism (§§ 1025 — 1037) › § 1033 - Accreditation of work experience

The hours of service rendered by volunteers pursuant to this chapter shall be credited by the municipalities, agencies, dependencies and instrumentalities of the Commonwealth of Puerto Rico in order to comply with the experience requirements for employment in any of the above, pursuant to the regulations to be promulgated to such effects by the Department of Labor and Human Resources as of six (6) months of the effective date of this act.
To empower the effective application of the referred regulation, it is hereby provided that same shall take effect one year after the effective date of this act.
History —Sept. 8, 2004, No. 261, § 11, eff. 90 days after Sept. 8, 2004.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 39 - Volunteerism (§§ 1025 — 1037) › § 1034 - Disclosure and strengthening of volunteerism; measuring indicators

(a) The Department of Economic Development of the Commonwealth of Puerto Rico shall develop a public voluntarism [sic] promotion program and promote the establishment of orientation, technical assistance and information services mechanisms which shall include its procedures regarding annual reports to be rendered on the performance of the entrusted duties.
(b) The Department of Economic Development of the Commonwealth of Puerto Rico shall develop measuring indicators of the value of volunteer action per hour to estimate the contribution of volunteers to the gross national product of the Island.
History —Sept. 8, 2004, No. 261, § 12, eff. 90 days after Sept. 8, 2004.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 39 - Volunteerism (§§ 1025 — 1037) › § 1035 - Reports required by law; inclusion of data

The public and private organizations listed in § 1027 of this title that employ volunteers shall be bound to include in the annual reports to the Governor, the Legislature or the Chief Judge in the case of the first, or in their reports to the Department of State under the Corporations Law of Puerto Rico, §§ 3501 et seq. of Title 14, in the case of the latter, estimates on:
(a) The total number of volunteers and the total amount of service hours, and
(b) whenever possible, a list of titles used by the organization for the positions available for volunteers.
History —Sept. 8, 2004, No. 261, § 13, eff. 90 days after Sept. 8, 2004.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 39 - Volunteerism (§§ 1025 — 1037) › § 1036 - General duties of the organizations that employ volunteers

The organizations that employ volunteers have a series of general duties towards the latter by virtue of the volunteer services received, to wit:
(a) To treat them without discrimination, respecting their freedom, dignity and privacy, as well as their beliefs.
(b) To give them due orientation regarding the organization and the duties and responsibilities assigned to them within said organization, and to provide, whenever applicable, the resources and materials needed for them to render their services adequately.
(c) Promote their active participation in the organization pursuant to its statutes and any other applicable rules.
(d) To provide adequate safety and hygiene conditions to them, according to the nature and characteristics of the services they render.
(e) To give them due recognition for the social and moral value of their contributions as volunteers toward the achievement of the goals of the organization.
A written list of such duties shall be delivered by all organizations to their volunteers.
History —Sept. 8, 2004, No. 261, § 14, eff. 90 days after Sept. 8, 2004.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 39 - Volunteerism (§§ 1025 — 1037) › § 1037 - Volunteers—Duties

Persons who agree to render volunteer services within a public or private organization have a series of ethical responsibilities or duties regarding the same, which compliance is indispensable in order to enjoy the benefits provided in this chapter. These are, among others, the following:
(a) To respect the statutes of the organization and comply with its goals, purposes and objectives in the manner that concerns them.
(b) To respect agreements regarding the schedules and hours for rendering services, especially when to do so is essential for the adequate coordination and structuring of the operations of the organization.
(c) To avoid any conflict between personal interests and those of the organization.
(d) To maintain the required confidentiality and discretion with respect to all valid information that comes to their attention as a result of the services rendered as a volunteer.
(e) To make responsible use of all types of resources provided by the organization for the performance of their duties.
(f) To communicate the intention to end an agreement for the rendering of services with sufficient time in advance to avoid affecting the organization or its beneficiaries.
(g) To immediately interrupt all rendering of services on behalf of the organization when it so requires.
(h) To properly use for the purposes allowed any documents of accreditation as volunteers provided to them by the organization.
A written list of these duties shall be delivered by each organization to all its volunteers.
History —Sept. 8, 2004, No. 261, § 15, eff. 90 days after Sept. 8, 2004.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 40 - Social Welfare Reform (§§ 1041 — 1045) › § 1041 - Obligations; agencies

The government agencies of the Commonwealth of Puerto Rico in charge of training and qualifying the persons who benefit from the economic assistance programs of the government of Puerto Rico as well as the private entities contracted by these that have been given the responsibility for qualifying, training and placing for employment those who receive said services shall have the following obligations:
(a) Provide training and retraining services to develop occupational and educational competence for the purpose of improving employability and achieving salary increases.
(b) Develop and foster close coordination among the government agencies of the Commonwealth of Puerto Rico so they may be properly trained to attend to those persons who benefit from government economic assistance programs in areas such as: counseling, case management, education, support systems (housing, transportation, child care and others) and job training. To such ends and among other services, emotional counseling should be given to those who receive services so they may achieve the necessary self-esteem that would allow them to develop the capabilities they need to be successful in the working world.
(c) Foster the development of micro-enterprises as an alternative that would provide participants with the opportunity for developing economic activities according to their capabilities and interests.
History —Sept. 15, 2004, No. 308, § 2, eff. July 1, 2005.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 40 - Social Welfare Reform (§§ 1041 — 1045) › § 1042 - Government obligations

The Government of the Commonwealth of Puerto Rico shall be responsible for:
(a) Propitiate the real and effective participation of all government agencies capable of furthering the full development of the social welfare reform, including the private sector of our society. This entails, among other things, an adequate orientation and divulgation program that would make an impact on the proper community circles to maximize its achievements.
(b) Develop, through the Department of the Family, a massive divulgation program concerning the provisions of P.R.O.W.R.A., supra, so that the beneficiaries of the economic assistance programs of the government of Puerto Rico may acquire full knowledge of their rights and responsibilities. Government and/or delegated agency officials must be trained in the full knowledge of the provisions of this chapter so they may develop a sensitive manner in their treatment of the recipients of the services they provide.
(c) Foster the collaboration of the municipalities of Puerto Rico to minimize the adverse effects the social welfare reform has brought about to the degree their capabilities allow.
(d) Establish, through the various concerned agencies of the government of the Commonwealth of Puerto Rico, an effective follow-up plan to evaluate whether the delegated agencies have been or are effective in their efforts to find jobs for the persons who benefit from the economic assistance programs of the government of Puerto Rico and if the training offered meets the occupational demands of the present labor market. Furthermore, a plan or program must be developed to evaluate or determine whether the persons are adequately compensated and promoted once they enter the labor force. Copies of these plans as well as of the results of their implementation shall be forwarded to the Legislature not later than April 30 of each year.
(e) Establish new alliances and coordination efforts between government and non-government entities, private enterprises and non profit organizations to work in the creation of employment sources and means or support, promoting the entrepreneurial spirit and other innovations, including community work as a means of acquiring useful skills and knowledge for employment.
(f) Comply with the provisions of Act No. 1 of January 7, 2004, as to, and as provided in said Act, subject to Act No. 5 of October 14, 1975, as amended, better known as the “Public Service Personnel Act,” and the merit principle, adding five (5) points or five percent (5%) to the grade obtained in any test or examination required to qualify for holding any office, employment or work opportunity by a person who benefits from the government economic assistance programs found under the provisions of the Personal Responsibility and Work Opportunity Reconciliation Act (P.R.O.W.R.A.) in Puerto Rico, Federal Public Law No. 104-193 of August 22, 1996.
History —Sept. 15, 2004, No. 308, § 3, eff. July 1, 2005.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 40 - Social Welfare Reform (§§ 1041 — 1045) › § 1043 - Implementation

The Department of the Family, in collaboration with the Department of Labor and Human Resources, shall be responsible for the implementation and follow-up of the provisions of this chapter by the government agencies, which shall be identified by these, in charge of training and qualifying the recipients of the welfare programs on the Island.
History —Sept. 15, 2004, No. 308, § 4, eff. July 1, 2005.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 40 - Social Welfare Reform (§§ 1041 — 1045) › § 1044 - Funds

The funds needed to comply with the purposes of this chapter shall be identified, requested and consigned in the General Expenses Budget of the Commonwealth of Puerto Rico for Fiscal Year 2005-2006 and subsequent fiscal years that are appropriated to each of the government agencies charged with training and qualifying the persons who benefit from the economic assistance programs of the Government of Puerto Rico, as well as the particular budget appropriated to the Department of the Family as well as to the Department of Labor and Human Resources of the Commonwealth of Puerto Rico.
In the case of private entities contracted by the government agencies of the Commonwealth of Puerto Rico to whom has been delegated the employment training, qualifying and placing of persons who benefit from the economic assistance programs of the government of Puerto Rico, they shall make their respective contributions or the rendering of their services chargeable to their budgets.
History —Sept. 15, 2004, No. 308, § 5, eff. July 1, 2005.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 40 - Social Welfare Reform (§§ 1041 — 1045) › § 1045 - Regulations

The various agencies of the Government of the Commonwealth of Puerto Rico are hereby authorized to adopt the regulations needed to comply with the purposes of this chapter pursuant to the provisions of §§ 2101 et seq. of Title 3, known as the Uniform Administrative Procedures Act.
History —Sept. 15, 2004, No. 308, § 6, eff. July 1, 2005.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 41 - Comprehensive Adoption Proceedings Reform Act (§§ 1051 — 1072) › Subchapter II - Voluntary Surrender of Minors (§§ 1052 — 1062) › § 1052 - Informational briefing on voluntary adoption agreements during pregnancy

Whenever pregnant women attend a healthcare services facility with the purpose of terminating their pregnancy, the institution shall notify its social worker on duty or a professional in the fields of healthcare and social welfare, in order to inform such women on the option of voluntary adoption as one of the alternatives available to handle unwanted pregnancies.
This informational briefing shall be offered to such women, who shall receive the same freely, voluntarily, and free of charge, pursuant to any such regulations on this matter as may be adopted by the Department, while guaranteeing the rights that protect pregnant women.
In the event that such pregnant women agree to receive the aforementioned informational briefing, upon completion thereof, the social worker or the professional in the fields of healthcare and social welfare shall ask them whether they are willing to enter into an agreement to voluntarily surrender the newborn child to be placed for adoption.
If they should agree, the social worker shall immediately notify such decision to the Department, which shall be in charge of carrying out any corresponding transactions to initiate the process by establishing an adoption agreement, whether by the Department or through any adoption agency as defined in this chapter. Such adoption agreement shall be entered into freely and voluntarily, without compensation of any kind, except for pregnancy-related expenses, as provided in § 1053 of this title.
As part of such transactions, the biological mother shall certify that she has been briefed on the alternative of adoption by voluntary surrender of the child, and that at no time has she been coerced or intimidated in order to agree to such adoption.
History —Dec. 18, 2009, No. 186, § 3, eff. 30 days after Dec. 18, 2009; Dec. 16, 2011, No. 247, § 2.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 41 - Comprehensive Adoption Proceedings Reform Act (§§ 1051 — 1072) › Subchapter II - Voluntary Surrender of Minors (§§ 1052 — 1062) › § 1054 - Responsibilities of the biological mother

Any biological mother who agrees to execute an adoption agreement shall also be bound by the following obligations:
(1) Undergo medical evaluations and treatments, which shall meet the standards and methods acceptable in the medical practice.
(2) Follow all medical recommendations concerning her prenatal care, as well as any medical recommendations to ensure her good health.
(3) Provide the Department with information regarding her personal and family health history and on any medical, psychological or psychiatric evaluation available at the time of adoption. Such information shall be confidential in nature and be used with the purpose of evaluating the willingness involving the process and any possible explanations concerning the health of the adoptee.
(4) Provide all information available concerning the identity of the biological father.
History —Dec. 18, 2009, No. 186, § 5, eff. 30 days after Dec. 18, 2009.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 41 - Comprehensive Adoption Proceedings Reform Act (§§ 1051 — 1072) › Subchapter II - Voluntary Surrender of Minors (§§ 1052 — 1062) › § 1055 - Limitations on the adoption agreement

Any adoption agreement shall be null if such agreement in any manner:
(1) Authorizes the surrender of the newborn child without the review and approval of the agreement by the Department, except in the case of adoption agencies, which shall notify the Department of any surrender of any child within a period not greater than twenty-four (24) hours.
(2) Does not comply or intends not to comply with other applicable provisions of law or regulations promulgated by the Department.
(3) Limits or intends to limit the right of the biological mother to rescind her consent to place her child for adoption.
(4) Is subject to payment of any compensation, whether in cash or in kind, except for expenses agreed on by the parties pursuant to the provisions of this chapter.
History —Dec. 18, 2009, No. 186, § 6, eff. 30 days after Dec. 18, 2009.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 41 - Comprehensive Adoption Proceedings Reform Act (§§ 1051 — 1072) › Subchapter II - Voluntary Surrender of Minors (§§ 1052 — 1062) › § 1056 - Solemnity of the adoption agreement

The adoption agreement shall be executed before such official as the Department may designate by regulation. Furthermore, any formal requirements that shall govern the adoption agreement shall be established by regulation. In the event that the agreement is entered into at an adoption agency, the same shall be executed before a notary public.
History —Dec. 18, 2009, No. 186, § 7, eff. 30 days after Dec. 18, 2009.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 41 - Comprehensive Adoption Proceedings Reform Act (§§ 1051 — 1072) › Subchapter II - Voluntary Surrender of Minors (§§ 1052 — 1062) › § 1057 - Supervision

The entire process, from conversations held to reach an agreement to the time of the adoption, shall be supervised by officials of the Department or by the adoption agencies that [are] duly licensed and supervised by the Department.
History —Dec. 18, 2009, No. 186, § 8, eff. 30 days after Dec. 18, 2009.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 41 - Comprehensive Adoption Proceedings Reform Act (§§ 1051 — 1072) › Subchapter II - Voluntary Surrender of Minors (§§ 1052 — 1062) › § 1058 - Rulemaking authority

The Department shall adopt, within a term of thirty (30) days counted from the date of effectiveness of this act, any such regulations as necessary to fulfill the objectives of this chapter. Such regulations shall address, not to be construed as a limitation, the following issues:
(1) The forms to which adoption agreements and voluntary surrenders of a minor shall be subject.
(2) Streamlining and expediting of proceedings as necessary in order for the Department and the bodies that are a part of the adoption process to fully and diligently meet the objectives of this chapter.
(3) The guarantees on confidentiality of the parties in such process.
(4) The management, custody, conservation, and destination of records.
(5) The contents of the informational briefing for biological mothers and biological fathers on the matter of voluntarily placing their minor for adoption pursuant to that which is established in this chapter.
(6) The adoption of regulations, or in default thereof, the amendment of existing regulations to establish the procedure to be followed by the Department in favor of adopting parents, to initiate the application process and solicitation of federal and/or Commonwealth benefits for minors with special needs or any benefits that the adoptee may receive for any physical or health condition or for any other reason. It being understood that the Department shall be responsible, in this initial stage, for providing assistance to adopting parties in transactions established to such ends. Once the minor has been adopted, the adopting parties shall be responsible for meeting the necessary requirements on an ongoing basis in order to continue to receive such benefits.
(7) The adoption of regulations, or in default thereof, the amendment of existing regulations to establish the procedure to be followed by the Department in the transfer of the record on the federal and/or Commonwealth benefits to which the adoptee is entitled, on behalf of the adopting parents, so that they may continue to receive such benefits without having to engage in new transactions to solicit such benefits again. In such cases, when laws and regulations so allow, the number or the classification of the record shall not be altered, with the purpose of reassigning such record to the name of the adoptive parents; in addition, continuity in services shall be preserved, without eliminating, suspending or delaying such benefits.
History —Dec. 18, 2009, No. 186, § 9, eff. 30 days after Dec. 18, 2009.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 41 - Comprehensive Adoption Proceedings Reform Act (§§ 1051 — 1072) › Subchapter II - Voluntary Surrender of Minors (§§ 1052 — 1062) › § 1059 - Approval of forms

The Department shall adopt, in collaboration with adoption agencies, the necessary forms to transact the adoption agreement and the voluntary surrender of the minor. Likewise, in coordination with representatives from the Department of Health, the Department shall adopt any forms needed to gather information on the personal and family health history of the biological mother, pursuant to the provisions of this chapter.
History —Dec. 18, 2009, No. 186, § 10, eff. 30 days after Dec. 18, 2009.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 41 - Comprehensive Adoption Proceedings Reform Act (§§ 1051 — 1072) › Subchapter II - Voluntary Surrender of Minors (§§ 1052 — 1062) › § 1060 - Interagency support

The Secretary of the Department of Health shall designate his/her representatives, who shall be present in the course of the process of preparing the regulation, with the purpose of ensuring that such medical or health issues which could arise during pregnancy, labor or after labor, are addressed.
Likewise, the Department of the Family, the Department of Health, and public and private nonprofit adoption agencies, shall, by virtue of an adoption task force, meet periodically to create and supervise mechanisms to keep abreast of new developments on the matters of adoption.
The Department, in coordination with the Department of Health, shall adopt a sign, to be placed by healthcare services institutions in a visible place to inform the option of voluntarily placing minors for adoption, the modalities therefor and the legal consequences of such action.
History —Dec. 18, 2009, No. 186, § 11, eff. 30 days after Dec. 18, 2009.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 41 - Comprehensive Adoption Proceedings Reform Act (§§ 1051 — 1072) › Subchapter II - Voluntary Surrender of Minors (§§ 1052 — 1062) › § 1061 - Special provision for the biological father

The Department shall be under the obligation to notify the court of the identity of the biological father if known, and in turn, the Department shall notify the alleged biological father of the adoption proceedings.
The Department shall use any Commonwealth’s resources available, to try to locate the biological father, be it through public notice or any other appropriate method, to afford the biological father due process of law.
In the event that the biological father is unknown, the Department shall be under the obligation to attest before the court to any efforts expended to identify such biological father.
The biological father shall have a term of thirty (30) days as of the date of notice to present his position regarding the adoption process in progress.
Provided, That the father may request within such term that the court order a paternity test before he is able to determine whether he agrees to the adoption process.
When the biological father of the newborn child files a written objection to the voluntary adoption process instituted by the biological mother, such proceeding shall be subject to the provisions of §§ 2699 et seq. of Title 32, entitled “Special Legal Proceedings Act”, as amended, formerly the Code of Civil Procedure. If in the course of such proceeding the adopting party has incurred any cost provided for in this chapter in relation to the adoption process, the biological father shall be responsible for reimbursing such costs, should he lose in the lawsuit.
History —Dec. 18, 2009, No. 186, § 12, eff. 30 days after Dec. 18, 2009.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 41 - Comprehensive Adoption Proceedings Reform Act (§§ 1051 — 1072) › Subchapter III - Statewide Voluntary Adoption Register (R.E.V.A., Spanish acronym) › § 1063 - Creation and contents

The Department shall establish an electronic register, to be called the “Puerto Rico Statewide Voluntary Adoption Register”, which shall also be known by its [Spanish] acronym, R.E.V.A., in which the names of all minors intended for permanent adoption shall be recorded, as well as the names of the adopting parties, together with updated and accurate information to identify them, as required by regulations approved to such effect. The Register shall include:
(1) A list of all minors intended for permanent adoption whose legal custody has not been yet severed.
(2) A list of all minors intended for permanent adoption whose legal custody has been terminated.
(3) A list of all adopting parties who wish to adopt, sorted in chronological order of their applications.
(4) A list of all adopting parties with a favorable expert social study, sorted in chronological order of such studies.
The Register shall be organized, so as to provide candidates for adoption with the opportunity to be adopted anywhere in the Island, regardless of the region of Puerto Rico or of the United States to which the adopting parties may belong. The R.E.V.A. shall be the only Register in existence in Puerto Rico.
For an applicant to register in the R.E.V.A. the presentation of a signed expert social study shall be mandatory, as well as the legal documents and evidence of faithful compliance with the regulations approved by the Department of the Family, as it arises from this chapter.
An applicant who is a U.S. citizen and resident of the United States may register in the R.E.V.A. upon compliance with the legal and regulatory requirements of the Department of the Family. Furthermore, all citizens residing in the United States that aspire to register in R.E.V.A. shall submit, at their own expense, the Expert Social Study that attests to his/her suitability as an adoptive resource.
Once the adoption decree on behalf of adopting parties residents of the United States becomes final and binding, the Vital Statistics Registry of the Department of Health, by virtue of its enabling Act, §§ 1041 et seq. of Title 24, shall issue a new birth certificate with the new name of the minor and the names of the adoptive parents.
Any person adopted after the date of approval of this act shall be entitled to access confidential data on the Register concerning his/her adoption once he/she attains legal age. However, he/she shall only be granted access to such information as strictly necessary to guarantee his/her right to contact his/her biological parents.
History —Dec. 18, 2009, No. 186, § 14, eff. 30 days after Dec. 18, 2009; Dec. 16, 2011, No. 247, § 4.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 41 - Comprehensive Adoption Proceedings Reform Act (§§ 1051 — 1072) › Subchapter III - Statewide Voluntary Adoption Register (R.E.V.A., Spanish acronym) › § 1063a - Candidate Selection Panel

A Candidate Selection Panel is hereby created composed of five (5) members appointed by the Secretary of the Department of the Family, which shall have among its members one (1) social worker licensed by the College of Social Work Professionals, one (1) lawyer and three (3) persons with knowledge and experience in the new adoption proceedings. This Panel shall meet with at least three (3) members. The Candidates Selection Panel shall evaluate the adoption applications received in order to proceed with the placement of the minor. The Panel shall evaluate the candidates giving special attention to the governing principle of the best interest of the minor, giving priority to the adopting party constituted by a married couple, as defined in the Puerto Rico Civil Code, and shall take into consideration, among other aspects, the seniority of the application. In those cases in which there are family resources within a third degree of consanguinity registered in the R.E.V.A., these may have preference if they are suitable resources for the placement of the minor, provided that they are duly registered as an adoptive home at the time of recommending the placement of the minor in a pre-adoptive home.
In those pre-adoptive homes in which a minor is placed for the second time and the former desists from applying for adoption, they shall be eliminated from the Register, with the exception of the existence of just cause. Pre-adoptive parents shall prove, in detail, the reasonable bases for the existence of just cause through a written petition directed to the Director of the Adoption Information Center, who shall take into account the particular circumstances of each case. Intentional or arbitrary dismissal is excluded as just cause.
All determinations of the Panel on the placement of a minor shall immediately become final and binding and may only be revised by the Court of Appeals through the filing of the corresponding appellate recourse, which shall be filed no later than thirty (30) days as of the notification of said determination.
History —Dec. 18, 2009, No. 186, added as § 14-A on Dec. 16, 2011, No. 247, § 5.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 41 - Comprehensive Adoption Proceedings Reform Act (§§ 1051 — 1072) › Subchapter III - Statewide Voluntary Adoption Register (R.E.V.A., Spanish acronym) › § 1064 - Confidentiality; access

The Puerto Rico Statewide Voluntary Adoption Register shall be confidential in nature and shall only be accessible to those agencies concerned or any person by order from a competent court to such effect.
History —Dec. 18, 2009, No. 186, § 15, eff. 30 days after Dec. 18, 2009.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 41 - Comprehensive Adoption Proceedings Reform Act (§§ 1051 — 1072) › Subchapter III - Statewide Voluntary Adoption Register (R.E.V.A., Spanish acronym) › § 1065 - Rulemaking authority

The Department shall adopt or amend regulations as necessary or convenient for the Register to operate properly, within thirty (30) days following the date of approval of this act. Such regulations shall meet all applicable Commonwealth and federal legal and regulatory standards.
Regulatory provisions shall include the creation of a training course for adopting parties on the legal consequences and the responsibilities entailed by being part of an adoptive family, and the creation of a training course for social workers on the standards and terms provided for in this chapter.
History —Dec. 18, 2009, No. 186, § 16, eff. 30 days after Dec. 18, 2009.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 41 - Comprehensive Adoption Proceedings Reform Act (§§ 1051 — 1072) › Subchapter III - Statewide Voluntary Adoption Register (R.E.V.A., Spanish acronym) › § 1066 - Report

The Department shall render, no later than March 1st of each year, a report to the Legislature and the Governor of Puerto Rico, in which the Department shall record all matters pertaining to the operations of the Register for the previous calendar year, and which report shall include, among other data, detailed information on the number of adopting fathers or mothers and candidates for adoption, together with adoption cases pending and completed.
History —Dec. 18, 2009, No. 186, § 17, eff. 30 days after Dec. 18, 2009.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 41 - Comprehensive Adoption Proceedings Reform Act (§§ 1051 — 1072) › Subchapter III - Statewide Voluntary Adoption Register (R.E.V.A., Spanish acronym) › § 1067 - Transfer of existing registers

Any adoption register in existence in the Department of the Family on the date of approval of this act shall become a part of this new Register, but the same shall be implemented pursuant to the provisions hereunder.
History —Dec. 18, 2009, No. 186, § 18, eff. 30 days after Dec. 18, 2009.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 41 - Comprehensive Adoption Proceedings Reform Act (§§ 1051 — 1072) › Subchapter III - Statewide Voluntary Adoption Register (R.E.V.A., Spanish acronym) › § 1068 - Adoption agencies

The provisions of this chapter pertaining to the Puerto Rico Statewide Voluntary Adoption Register shall not apply to adoption agencies duly certified as such by the Department, which may institute adoption proceedings, subject to their own registers of eligible candidates. The Department shall regulate, oversee, and periodically inspect adoption agencies with the purpose of safeguarding the best interests of the minors.
History —Dec. 18, 2009, No. 186, § 19, eff. 30 days after Dec. 18, 2009.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 41 - Comprehensive Adoption Proceedings Reform Act (§§ 1051 — 1072) › Subchapter IV - Adoption Proceedings for Minors Released from Parental Rights (§§ 1069 — 1070) › § 1069 - Voluntary adoption transactions; voluntary surrender of minors

The father, mother, or any such person who holds the parental rights over a minor may voluntarily surrender to the Department or the adoption agency the custody of such minor so that he/she may be placed for adoption, after having relinquished his/her parental rights to the minor. Such waiver shall be recorded on a document under oath before a notary public in the presence of a witness, attesting to the fact that he/she is relinquishing his/her parental rights and that he/she agrees to have the minor placed for adoption. Such relinquishment may be rendered ineffective within fifteen (15) days following the date the document was executed. It shall be presumed that the father, mother or person who holds parental rights over the minors and who has surrendered the same to the Department of the Family or the adoption agency in accordance with this section has been duly oriented by the Department personnel as to having the knowledge, capacity and that nothing prevented him/her from doing so. It shall also be presumed that in said surrender there was no impediment with respect to the consent and that the same was done watching over the best interest of the minor.
History —Dec. 18, 2009, No. 186, § 20, eff. 30 days after Dec. 18, 2009; Dec. 16, 2011, No. 247, § 6.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 41 - Comprehensive Adoption Proceedings Reform Act (§§ 1051 — 1072) › Subchapter IV - Adoption Proceedings for Minors Released from Parental Rights (§§ 1069 — 1070) › § 1070 - Adoption proceedings for minors released from parental rights

In cases in which a minor has been released from parental rights, whether through the regular procedure in cases of abuse under Act No. 177 of August 1, 2003, as amended, known as the “Comprehensive Child Well-being and Protection Act”, or any subsequent law, or through the voluntary surrender of custody and parental rights procedure established in § 1069 of this title, the Department may institute proceedings before the court for the adoption of the minor, subject to compliance with procedural guarantees as necessary in order for such minor to be placed in an adoptive home duly credited by the Department, as soon as practicable.
Foster homes and/or temporary homes shall not be entitled to participate in any manner whatsoever or to be heard in the adoption proceedings. It is further provided that the fact of being a foster or temporary home does not grant the same preference at the time of the adoption. No person acting as a foster home may claim preferential right for adoption, except for those cases in which the temporary home has a blood relationship up to a third degree with the minor. In these cases, the home must be in strict compliance with the provisions of law and regulatory provisions of the Department of the Family if there is an interest in adopting the minor.
The matching of parents and judicial petitions for the adoption of children that in one way or another are under the custody of the State shall be the exclusive responsibility of the Department of the Family, which shall do so in accordance with its internal procedures and with absolute discretion.
The Department shall regulate and issue policies as are necessary to guarantee expeditiousness in such transactions and in keeping with the best interests of the minor.
History —Dec. 18, 2009, No. 186, § 21; Dec. 16, 2011, No. 247, § 7.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 41 - Comprehensive Adoption Proceedings Reform Act (§§ 1051 — 1072) › Subchapter V - Placement of Minors with Adopting Parties (§§ 1071 — 1072) › § 1072 - Injunctions

No injunctions shall be issued to prevent the application of the determinations of the Adoption Information Center.
The determinations of the Adoption Information Center may only be challenged through judicial action before the Puerto Rico Court of Appeals of the corresponding judicial region, which shall act on the same within a term that shall not exceed fifteen (15) calendar days.
History —Dec. 18, 2009, No. 186, added as § 41 on Dec. 16, 2011, No. 247, § 8.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 42 - Child Safety, Well-being, and Protection Act (§§ 1101 — 1206) › Subchapter II - Guarantee of Rights and Prevention (§§ 1111 — 1127) › § 1111 - Duties of the family, society, and the State

In addition to the provisions of the Constitution and other legal provisions, all the provisions contemplated under this chapter shall be duties of the family, society, and the State.
History —Dec. 16, 2011, No. 246, § 4, eff. 90 days after Dec. 16, 2011.