reglab/statecodes huggingface dataset:
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) › § 1113 - Duties of society

In compliance with the principles of shared responsibility and solidarity, the organizations, associations, companies, businesses, and other juridical and natural persons, have the duty and responsibility to actively take part in upholding children’s rights and the guarantees thereof. In this sense, they shall:
(1) Know, respect, and promote these values and their pervasive nature.
(2) Respond with actions that pursue their immediate protection in situations that threaten or undermine their rights.
(3) Actively participate in the creation, development, evaluation, follow-up, and control of the public policies related to children and youths.
(4) Warn or report, by any means, the crimes or actions that make them vulnerable or that threaten them.
(5) Collaborate with authorities in the application of the provisions of this chapter.
(6) Collaborate with or participate in any other act needed to ensure the exercise of children’s rights.
History —Dec. 16, 2011, No. 246, § 6, eff. 90 days after Dec. 16, 2011.
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) › § 1117 - Adoptive homes

When reunification of the family or of a qualified family resource, as defined in this chapter, is not possible, the Secretary shall be responsible for promoting placement in adoptive homes to ensure the stability, safety, and well-being of the children in its custody, pursuant to the provisions of §§ 1051 et seq. of this title, known as the “Comprehensive Adoption Proceedings Reform Act of 2009.”
History —Dec. 16, 2011, No. 246, § 10, eff. 90 days after Dec. 16, 2011.
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) › § 1118 - Prevention of violence

Violence, in any of its manifestations, is an extremely complex phenomenon rooted in the interaction of different social, cultural, economic, and political factors.
The Department shall develop and provide educational programs on peaceful coexistence and child-rearing for individuals of all ages and social groups, to be disseminated through mass media.
These programs shall be aimed at:
(1) Developing responsible awareness of the abuse issue.
(2) Enabling and securing coexistence, child-rearing, and discipline without violence, based on the values of love, solidarity, and peace that are consistent with respect for the human rights of everyone, including children.
(3) Transforming violent attitudes and behavior and promoting the values of solidarity, love, and peace to counter cultural tolerance for violence in all aspects of life, especially in coexistence and child-rearing;
(4) Promoting multi-sector participation that incorporates families, communities, and organizations in violence prevention programs, and
(5) Helping victims of domestic violence and child abuse identify and seek support resources or services so they may break the abuse cycle as soon as possible.
Furthermore, it shall develop and implement a continuing education program for employees that provide services to families. The program shall include aspects of prevention, investigation, evaluation, and management of situations of abuse, among others. The Department shall also develop and implement education and orientation programs for personnel and officials with reporting duties.
The Department shall have the duty to encourage the development and improvement of government programs and activities, as well as those of other private or privatized entities, community groups, and non-governmental organizations, so they may share the responsibility to prevent and address situations of abuse. Likewise, it shall coordinate existing programs and carry out, support, and foster the development of educational and research projects.
Protective Measures for Minors
History —Dec. 16, 2011, No. 246, § 11, eff. 90 days after Dec. 16, 2011.
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) › § 1119 - Protective measures

Protective measures for minors shall be construed to be the actions taken by the State to guarantee the minors” safety, well-being, and the reinstatement of their impaired rights, with the purpose of reestablishing their human dignity and integrity.
History —Dec. 16, 2011, No. 246, § 12, eff. 90 days after Dec. 16, 2011.
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) › § 1120 - Obligation to ensure the well-being and safety of minors

Ensuring the well-being and safety of children and youths is the responsibility of the State. Public authorities are required to report any situation of risk or vulnerability in which children or youths are involved to the appropriate authorities. Whenever this happens, the competent authority shall ensure that the Department of the Family intervenes immediately, so as to guarantee its involvement in the services the minors need.
History —Dec. 16, 2011, No. 246, § 13, eff. 90 days after Dec. 16, 2011.
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) › § 1121 - Verification of safety and well-being

In all cases, the competent authority shall immediately ascertain the safety and well-being of minors, as well as each and every one of their rights. It shall verify:
(1) Their physical and psychological health.
(2) Their nutritional condition and vaccination status.
(3) The location of the family of origin.
(4) The study of the family environment and the identification of protective and risk factors to ensure the minors” rights.
(5) Their engagement in the health system.
(6) Their engagement in the school system.
An express statement shall be prepared regarding the foregoing, which shall serve as a basis to define the appropriate measures for reinstating the minors” rights. If the competent authority becomes aware of the possible commission of a crime, it shall report the same to law enforcement authorities.
History —Dec. 16, 2011, No. 246, § 14, eff. 90 days after Dec. 16, 2011.
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) › § 1122 - Measures to ensure the protection, safety, and well-being of minors

In order to guarantee the minor’s rights as provided in this chapter, the Social Worker of the Department shall make an analysis based on the scientific process of observation and assessment of information, intervention models, and theoretical frameworks and, at his/her discretion, shall take one or more of the following measures:
(1) Establish a safety plan, with which the legal guardian of the minor shall comply.
(2) Order the immediate removal of the minor from activities that may threaten or impair his/her rights, and from illegal activities in which he/she may be involved. The minor may be placed in a specialized attention program so that he/she may receive any warranted services.
(3) Order the immediate removal of the minor from the home where he/she is. In this case, the Department may keep the minor for up to seventy-two (72) hours without having to appear in court. However, the minor shall be placed in the home of a qualified relative, as provided in § 1124 of this title, or in a duly qualified and licensed foster home.
(4) In those cases in which the minor cannot be placed in “foster homes,” he/she may be temporarily placed in licensed centers.
(5) Adoption, if parental rights have been terminated as provided in this chapter.
(6) Initiate any appropriate criminal, administrative, or legal action.
(7) In addition to the foregoing, measures set forth in other legal provisions shall be applied, or any other that guarantees full protection for minors.
History —Dec. 16, 2011, No. 246, § 15, eff. 90 days after Dec. 16, 2011.
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) › § 1123 - Safety plan

If the Department provides a safety plan and the parents or legal guardian refuse to accept the same, the child or children shall be removed immediately and the social worker shall take the case before a judge within seventy-two (72) hours after the removal of the child or children. Parent-child relations shall be suspended during this time.
In the event that the parents or legal guardian of the child or children agree to sign the safety plan, he/she must faithfully comply therewith. Noncompliance with the plan shall lead to the child’s or children’s immediate removal. The social worker shall take the case before a judge within seventy-two (72) hours after the removal of the child or children. Parent-child relations shall be suspended during this time.
History —Dec. 16, 2011, No. 246, § 16, eff. 90 days after Dec. 16, 2011.
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) › § 1124 - Placement with a family resource

When a minor is removed, he/she may be placed with a family resource only if that home can guarantee his/her safety and well-being, and insofar as such resource does not have a history of abuse and is not related to the allegations, facts, or situations prompting the protective action of the government. If there is more than one family resource that has been qualified as safe and proper for the welfare of the child, the non-custodial parent shall be considered first; the maternal or paternal grandparents shall be considered second; any adult and independent siblings, third; and, fourth, any other family resource that proves to be the safest and most beneficial for the child. In such cases in which it cannot be immediately determined whether a family resource can guarantee the safety and well-being of the child or children, such child or children shall be placed in foster homes.
History —Dec. 16, 2011, No. 246, § 17, eff. 90 days after Dec. 16, 2011.
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) › § 1125 - Placement in a foster home

Placement in a foster home entails the immediate and temporary placement of a child or youth with families within the foster home network. This measure shall be taken when parents, relatives, or persons responsible for their care are not available, or whenever the social worker determines that the foregoing cannot guarantee the safety and well-being of the child or children.
Placement in a foster home is a temporary measure and its duration shall not exceed the term necessary to place the child or children or youth in a permanent home.
History —Dec. 16, 2011, No. 246, § 18, eff. 90 days after Dec. 16, 2011.
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) › § 1126 - Foster home network

The Foster Home Network is construed to be a group of families registered in the State-funded child protection program, which are willing to receive minors voluntarily and immediately, so as to provide them with the necessary care in a temporary manner.
These homes shall not be entitled to adopt a minor under their care unless they are registered in the Commonwealth Voluntary Adoption Registry (REVA, Spanish acronym), have been recommended by the Adoption Center of the Department of the Family, and when parental rights for such minor have been terminated.
History —Dec. 16, 2011, No. 246, § 19, eff. 90 days after Dec. 16, 2011.
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) › § 1127 - Permanency plans

Permanency plans shall be prepared and established by the social worker and their Family Services Technician assigned to the case, the supervisor of the social worker assigned to the case, and the Associate Director. The main goal of the permanency plan shall be to:
(1) Ensure that every child placed in a physical facility outside of his/her home may find a family according to his/her needs and specific situation.
(2) Review the plan whenever necessary to adjust it to the child’s needs.
(3) Make sure that the permanency plan is carried out as soon as possible, within a term that shall not exceed twelve (12) months after a child is removed from his/her home.
(4) Request the discussion of the case with agency personnel and the multidisciplinary professional team.
(5) Suggest alternatives in situations in which the permanency plan is not considered to be consistent with the child’s specific needs and those of his/her biological family.
(6) Any and all other functions prescribed by regulations.
It shall be the duty of the Associate Director to prepare statistical reports of the work carried out in each permanency plan. This group of officials may reach decisions by a simple majority; provided, that the social worker or the Family Services Technician are present for such decision-making.
History —Dec. 16, 2011, No. 246, § 20, eff. 90 days after Dec. 16, 2011.
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 III - Administrative Procedure (§§ 1131 — 1140) › § 1131 - Citizens’ obligation to report

All persons shall be required to immediately report cases of actual or suspected child abuse, institutional abuse, neglect, and/or institutional neglect, or if a child is at risk of being a victim thereof.
Any person who, in the performance of his/her professional responsibilities or employment, has knowledge of or watches any film, photograph, videotape, negative, or slide that depicts a minor involved in a sexual activity shall report that fact immediately to the Department through its Abuse Hotline, to the Puerto Rico Police Department, or to the local office of the Department. Any film, picture, videotape, negative, or slide that depicts a minor involved or participating in a sexual act shall be surrendered to the nearest station of the Puerto Rico Police.
The information furnished by virtue of this section, as well as the identity of the person who furnishes the same, shall be kept strictly confidential, except in cases of unsubstantiated reports in which false information has been knowingly provided.
Information provided in good faith by any person, official, or institution required to furnish information regarding child abuse, institutional abuse, neglect, and/or institutional neglect, as provided in this chapter, may not be used against him/her/it in any civil or criminal proceedings that may be initiated as a result of said action. The information reported by school or hospital employees and law enforcement officers who are required to allow the Department to intervene pursuant to the provisions of §§ 1114 of this title may not be used against them, either.
History —Dec. 16, 2011, No. 246, § 21, eff. 90 days after Dec. 16, 2011.
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 III - Administrative Procedure (§§ 1131 — 1140) › § 1132 - Evidence, photographs, radiological and dental exams, laboratory tests

Any professional and/or official required to provide information on any case of abuse, institutional abuse, neglect, and/or institutional neglect, as well as any protection case worker, may take photographs or have photographs taken of the areas where the child suffered trauma and, if medically indicated, have any necessary radiological or dental exam, laboratory test, or any other medical examination of the child performed or ordered without the consent of the father, mother, or person responsible for the well-being of said child in those cases in which they oppose the performance of the same or are unavailable at the time. Taking photographs of the site where the abuse, institutional abuse, neglect, and/or institutional neglect has occurred is also authorized.
Photographs, radiological or dental exams, laboratory tests, or any other necessary medical examination shall be taken or performed in such a way that the child’s condition is not aggravated or his/her dignity is not violated, and shall be sent to the Department as soon as possible. The Department shall defray the initial cost of evaluation and care of the allegedly abused or abandoned child, and may require the father, mother, or person responsible for the child to reimburse such cost. Moreover, it may require the participation of other agencies, so they may contribute with defraying the cost of necessary care services. This evidence shall be available to initiate criminal proceedings for violations of the provisions of this chapter or other related statutes.
History —Dec. 16, 2011, No. 246, § 22, eff. 90 days after Dec. 16, 2011.
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 III - Administrative Procedure (§§ 1131 — 1140) › § 1133 - Emergency custody

Any State or municipal police officer; social worker, or technician especially designated by the Department, school principal, teacher, school social worker, behavioral health professional, physician, official of the Commonwealth Emergency Management Agency, and physical or mental health professional who has a minor under treatment shall have emergency custody without the consent of the father, mother, or person responsible for such minor whenever he/she has knowledge or suspects that there is imminent risk to the safety, health, and physical, mental, or emotional integrity of the minor, and when one or more of the following circumstances occurs:
(a) The father, mother, or person responsible for the minor is not available, despite efforts to locate him/her, or does not consent to have the minor removed.
(b) If notifying the father, mother, or person responsible for the minor would increase the imminent risk of serious harm to said minor or to another person.
(c) The nature of the risk is such that there is no time to petition the court for custody.
The person in charge of a hospital or similar medical institution shall assume emergency custody of a minor whenever he/she has knowledge or suspects that the minor has been a victim of abuse, institutional abuse, neglect, and/or institutional neglect; whenever he/she deems that the facts justify doing so, even though additional medical treatment is not required; and even if the father, mother, or person responsible for the child demands that the latter be returned to him/her.
Any person who assumes emergency custody of a minor shall immediately report this fact to the Abuse Hotline of the Department, as provided in this chapter. The Department shall take the necessary protective measures for the minor and address the need for placement. Emergency custody shall not be assumed by any prison, juvenile institution, or any other place for the detention of juvenile delinquents or offenders.
Emergency custody as referred to in this section may not exceed seventy-two (72) hours, except in those cases in which court authorization has been requested and obtained through the procedures set forth in this chapter, or when it has not been possible to obtain said authorization because the court is in recess.
History —Dec. 16, 2011, No. 246, § 23, eff. 90 days after Dec. 16, 2011.
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 III - Administrative Procedure (§§ 1131 — 1140) › § 1134 - Interviewing minors without prior notice

The Department may interview a minor without the need of a court order and without prior notice to the father, mother, or person responsible for the minor when it has knowledge of or suspects that such minor is a victim of abuse, institutional abuse, neglect, and/or institutional neglect, and that notifying the father, mother, or person responsible for the minor would increase the risk of serious harm to the minor or to another person. The Department may also conduct an initial interview with the minor when the latter herself contacts the Department or through a person who provides protective services.
The interview may be held in a public or private school, hospital, police station, or any other place where the safety of the minor can be guaranteed. School principals, supervisors, teachers, and other school employees shall allow Department representatives to meet with and interview the minor during school hours. They shall provide an appropriate place and conditions to ensure the confidentiality of the process.
History —Dec. 16, 2011, No. 246, § 24, eff. 90 days after Dec. 16, 2011.
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 III - Administrative Procedure (§§ 1131 — 1140) › § 1135 - Rights of the subject of the report

The subject of the report shall be entitled to request the Department, in writing, that a copy of the information about his/her case found in the Central Register be provided to him/her. The Secretary, or the person designated by him/her, shall furnish such information insofar as this does not go against the best interests of the minor, and if the necessary steps have been taken to protect the confidentiality of the person who, in good faith, reported the case or cooperated during the investigation thereof.
If the information request is denied, the person affected by the Secretary’s decision may resort to the Court of Appeals within a period not to exceed thirty (30) days after the decision is notified.
As for referrals for which no grounds were found, the subject of the report may request in writing that his/her name be amended or deleted from the Register within thirty (30) days after being notified that grounds were not found. The Commonwealth Center for the Protection of Minors shall have thirty (30) days after receiving the request to act thereon. If the request is denied, or if the Center fails to act thereon, the subject of the report shall have thirty (30) days to file his/her petition for review with the Court of Appeals. This thirty (30)-days term shall begin on the date of notification by the Commonwealth Center for the Protection of Minors, or when the term expires for the Center to act on the petition to eliminate or amend made by the subject of the report.
History —Dec. 16, 2011, No. 246, § 25, eff. 90 days after Dec. 16, 2011.
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 III - Administrative Procedure (§§ 1131 — 1140) › § 1136 - Confidentiality of reports and records

All records related to protection cases, including reports from any office or public, private, or privatized entity that are generated while enforcing this chapter shall be confidential and shall not be disclosed, except in those cases or circumstances specifically authorized by this chapter.
History —Dec. 16, 2011, No. 246, § 26, eff. 90 days after Dec. 16, 2011.
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 III - Administrative Procedure (§§ 1131 — 1140) › § 1137 - Persons with access to records

No person, official, officer, employee, or agency shall have access to records, except to comply with purposes directly related to the administration of this chapter or by virtue of a court order. As an exception, said records, without necessarily entailing the delivery of copies, may be accessed by:
(a) The official or employee of the Department or agency that renders direct services, when it is for purposes of performing the functions assigned to him/her under this chapter.
(b) The Advocate for Family Affairs, the Advocate for Minors” Affairs, the prosecutors and agents of the Specialized Sex Crimes, Child Abuse, and Domestic Violence Unit, in any case in which the commission of acts that constitute crimes related to this chapter is being investigated.
(c) The physician or behavioral health professional who renders direct services to a minor in protection cases under this chapter.
(d) The court, if it is determined that access to the records is necessary to resolve a dispute related to the well-being of the minor, in which case, access shall be limited to examination by the judge in chambers.
(e) Any behavioral health or health professional contracted by the Administration for Families and Children of the Department of the Family who provides abuse assessment, validation, and treatment services in cases of child sexual abuse in multidisciplinary centers or programs affiliated to such agency.
No person authorized to receive confidential information pursuant to the provisions of this chapter may disclose said information. This prohibition shall not include the subject of the report, Advocates for Family Affairs, prosecutors, Advocates for Minors” Affairs, or police officers, when the information obtained is to be used in judicial or administrative proceedings.
Information obtained by virtue of a procedure covered under this chapter may only be used for the benefit of the minor and in cases related to this chapter. None of these provisions shall be construed as to alter the rules and procedures related to court files or those of the Criminal Justice System of Puerto Rico.
History —Dec. 16, 2011, No. 246, § 27, eff. 90 days after Dec. 16, 2011.
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 III - Administrative Procedure (§§ 1131 — 1140) › § 1138 - Administrative hearing

Whenever an administrative hearing is to be held pursuant to this chapter, it shall be chaired by the person to whom the Secretary delegates such function. Proceedings shall be carried out so as to allow the parties to submit all the evidence deemed necessary, introduce witnesses, examine the witnesses of the other party, and argue their cases. The parties may be represented by attorneys, if they so desire.
History —Dec. 16, 2011, No. 246, § 28, eff. 90 days after Dec. 16, 2011.
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 III - Administrative Procedure (§§ 1131 — 1140) › § 1139 - Petition for reconsideration

A party that is adversely affected by a resolution or a partial or final order may, within a term of twenty (20) days from the date on which the notification of the resolution or order was filed in the record, file a motion for reconsideration of such resolution or order.
History —Dec. 16, 2011, No. 246, § 29, eff. 90 days after Dec. 16, 2011.
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 III - Administrative Procedure (§§ 1131 — 1140) › § 1140 - Judicial review

A party that is adversely affected by an order or final resolution of the Department and has exhausted all the remedies provided by the same may file a petition for review with the Court of Appeals within a term of thirty (30) days from the date on which a copy of the notification of the Department’s order or final resolution is filed or as provided in the Uniform Administrative Procedures Act.
History —Dec. 16, 2011, No. 246, § 30, eff. 90 days after Dec. 16, 2011.
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 IV - Judicial Proceedings (§§ 1141 — 1164) › § 1141 - Legal actions

When the investigation conducted shows that a situation of abuse, institutional abuse, neglect, and/or institutional neglect exists, the social worker of the Department of the Family may appear before the Court of First Instance, which shall have jurisdiction to issue protection orders; grant temporary, permanent, or emergency custody; terminate the parental rights of the minor’s father and/or mother, as requested, and any other remedy that guarantees the best interests of the minor.
History —Dec. 16, 2011, No. 246, § 31, eff. 90 days after Dec. 16, 2011.
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 IV - Judicial Proceedings (§§ 1141 — 1164) › § 1142 - Legal representation

During judicial proceedings in cases of child abuse, institutional abuse, neglect, and/or institutional neglect, the defendant may appear together with his/her attorney. However, legal representation shall not be mandatory. Defendants may waive their right to an attorney at any time, including when waiving custody and parental rights.
The interests of a minor who, as alleged in court, has been the victim of abuse, institutional abuse, neglect, and/or institutional neglect shall be represented by an Advocate for Family Affairs, appointed by the Governor for that purpose, who shall also have the ministerial duty to keep the minor informed of the most relevant aspects of his/her case, to the extent that his/her intellectual and emotional abilities so allows.
History —Dec. 16, 2011, No. 246, § 32, eff. 90 days after Dec. 16, 2011.
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 IV - Judicial Proceedings (§§ 1141 — 1164) › § 1143 - Public access

The public shall not have access to the courtrooms where proceedings conducted under this chapter are held.
History —Dec. 16, 2011, No. 246, § 33, eff. 90 days after Dec. 16, 2011.
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 IV - Judicial Proceedings (§§ 1141 — 1164) › § 1144 - Privileged communications

There shall be no privileged communications in proceedings for child abuse, institutional abuse, neglect, and/or institutional neglect under this chapter, except between attorney and client, as provided in the Rules of Evidence of Puerto Rico. Privileged communications, excluding attorney-client communications, shall not constitute grounds for failing to provide reports such as those required or allowed by this chapter, to cooperate with protective services for the minor in the activities contemplated in this chapter, or to accept or introduce evidence in any judicial proceedings related to the child abuse, institutional abuse, neglect, and/or institutional neglect.
History —Dec. 16, 2011, No. 246, § 34, eff. 90 days after Dec. 16, 2011.
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 IV - Judicial Proceedings (§§ 1141 — 1164) › § 1145 - Summons

Any summons to hearings shall be issued by the Clerk of Court and shall require any person to whom the summons is addressed to appear in court at the specified date, time, and place, under penalty of contempt. The summoned party shall be advised of his/her right to appear with an attorney in cases that so allow it. The judge may summon any person in open court.
History —Dec. 16, 2011, No. 246, § 35, eff. 90 days after Dec. 16, 2011.
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 IV - Judicial Proceedings (§§ 1141 — 1164) › § 1146 - Failure to appear

If the summoned person fails to appear, the court shall order that he/she be held in contempt and may issue the resolution or order that is legally pertinent.
History —Dec. 16, 2011, No. 246, § 36, eff. 90 days after Dec. 16, 2011.
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 IV - Judicial Proceedings (§§ 1141 — 1164) › § 1147 - Emergency procedures

When emergency custody has been obtained pursuant to the provisions of § 1133 of this title, or when the child’s situation poses a risk to his/her safety, health, or physical, mental, or emotional integrity, the Department’s social worker or Family Services Technician may appear and, in a general, brief, and simple manner, using the form drafted to such effect by the Office of Courts Administration, testify under oath before a judge of the Court of First Instance as to the specific facts that warrant requesting the protection of the child by removing him/her from the home.
The court shall make the determination it deems to be in the best interests of the child, including an order granting emergency custody to place the him/her immediately under the custody of the Department, to provide him/her with necessary medical treatment, to have provisional child support assigned for his/her benefit, and any other order that the judge deems shall best ensure his/her well-being. The child shall not be taken outside the jurisdiction of Puerto Rico unless a court order is issued to that effect.
The court shall be under the obligation to grant temporary custody to the Department if either the testimony given or the petition shows that the actions carried out by the mother, father, or legal guardian so warrant it, or that there is a risk to the safety or well-being of the child.
In cases where temporary emergency custody is denied by a Municipal Court Judge, the interested party may appear before Family Court at the Superior Court of the Court of First Instance to request an ordinary hearing for the custody of a child within twenty (20) days after the determination is issued.
History —Dec. 16, 2011, No. 246, § 37, eff. 90 days after Dec. 16, 2011.
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 IV - Judicial Proceedings (§§ 1141 — 1164) › § 1148 - Notification of the order for removal

Any order for removal issued by a judge shall be notified simultaneously to the father, mother, or person responsible for the minor, to the local office of the Department, to the Office of the Advocates for Family Affairs and for Minors” Affairs assigned to the corresponding judicial region, and to the Family or Children Division of the Court of First Instance within seventy-two (72) hours of its issuance.
History —Dec. 16, 2011, No. 246, § 38, eff. 90 days after Dec. 16, 2011.
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 IV - Judicial Proceedings (§§ 1141 — 1164) › § 1149 - Custody ratification hearing

Within fifteen (15) days after the Municipal Court grants emergency custody to the Department of the Family, the Family Court of the Court of First Instance shall hold a ratification hearing.
For cases in which the petition for custody has been denied, the ratification hearing shall be held within five (5) days as of the date in which the interested party requested the hearing.
If, after considering the evidence introduced during the hearing, the court finds that the circumstances that caused the removal and award of emergency custody still exist, or that there are other conditions that require said action, it may award temporary legal custody to the Department. In this case, since this is an administrative determination, physical custody shall be assigned to the person designated by the Department by order of precedence.
In those cases in which the Department notifies that it shall seek a waiver of efforts for reunification, the court may hold the waiver of reasonable efforts hearing jointly with the custody ratification adjudication hearing.
History —Dec. 16, 2011, No. 246, § 39, eff. 90 days after Dec. 16, 2011.
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 IV - Judicial Proceedings (§§ 1141 — 1164) › § 1150 - Medical treatment and other issues

In order to provide any medical treatment to a minor, with the exception of surgery, the authorization of the parents shall not be necessary. When a surgical procedure or surgery is needed, authorization from only one of the parents with parental rights over the minor shall be necessary. In the event that both parents refuse to give their consent for such treatment, any relative, as well as the physician or official of the hospital where the minor is hospitalized or receiving treatment, or a social worker or Family Services Technician of the Department of the Family may petition the court for an order to authorize medical treatment for said minor. If the petition is made by someone other than the minor’s physician, a certificate from the physician who will provide the treatment to the minor must be enclosed, which shall include a brief description of the treatment and the need and urgency to provide the same. The physician shall be available for questioning by the court.
The Department shall be empowered to authorize any medical treatment and/or surgical procedures needed by the minor without prior authorization only in emergency cases.
The Department shall also have the power to make decisions or authorize the performance of any act that will benefit the minor, such as, for example, granting permission for the minor to leave Puerto Rico on vacation or to participate in sports, recreational, or educational activities.
History —Dec. 16, 2011, No. 246, § 40, eff. 90 days after Dec. 16, 2011.
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 IV - Judicial Proceedings (§§ 1141 — 1164) › § 1151 - Follow-up hearing

In every case of termination of custody, the Department shall inform the court whether family reunification is feasible considering the best interests, well-being, and safety of the child. If reunification is feasible, it shall state the reasonable efforts that have been made to keep the family together.
The Department shall submit the periodic evaluation reports that are required by the court. Said evaluation reports shall include information on the condition and physical and/or emotional progress of the child, as well as the services provided to the family, father, mother, or person responsible for the minor. These reports shall also include pertinent recommendations as to the length, modification, or termination of the service plan or the reasonable efforts made according to the results obtained in the process of providing support and help to the families. However, if the Department certifies and provides evidence to the court during this hearing showing that the family, father, mother, or person responsible for the child will not comply or is not interested in continuing with the previously established permanency plan, the judge shall turn the follow-up hearing set forth in this section into a final disposition hearing according to § 1152 of this title.
History —Dec. 16, 2011, No. 246, § 41, eff. 90 days after Dec. 16, 2011.
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 IV - Judicial Proceedings (§§ 1141 — 1164) › § 1152 - Final disposition hearing

The court shall hold a disposition hearing within a period that shall not exceed six (6) months after having awarded temporary custody of the child. This term may only be extended once, for an additional six (6) months, when causes that justify it exist and is in the best interest and well-being of the child.
Every decision providing the return of the child to his/her home must be supported by a report prepared by a social worker, psychologist, or psychiatrist duly licensed in Puerto Rico, or a case worker trained in child protective services. The Department shall be responsible for submitting a report to the court’s consideration in every final disposition hearing, which report shall comply with the provisions of this section. If the child’s return to his/her home is recommended, the report shall reasonably conclude that the conditions of risk that were present at the time of said child’s removal no longer exist and, thus, his/her return does not endanger the well-being, health, or physical, mental, emotional, or sexual integrity of the child. However, in those cases in which the court lacks such report, it may rule for the return of the child to the home from where he/she was removed if, upon evaluation of the evidence available, it can determine that his/her return does not constitute a risk to his/her safety and best interests.
In those cases in which the court determines that it is not advisable to return the child to the home from where he/she was removed, or to another relative’s home according to precedence, custody shall be awarded to the Department, or a proceeding may be initiated for termination of parental rights pursuant to the provisions set forth in this chapter. The court shall also make any other necessary determination for the child’s safety, taking his/her best interest into consideration.
History —Dec. 16, 2011, No. 246, § 42, eff. 90 days after Dec. 16, 2011.
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 IV - Judicial Proceedings (§§ 1141 — 1164) › § 1153 - Right of the minor to be heard

In any proceedings under this chapter, the minor shall have the right to be heard. The judge may interview him/her in the presence of the Advocate or a social worker of the court. The testimonies given shall be part of the case file. However, they shall not be part of the record and shall remain sealed. The court may admit and consider the written or oral evidence in the statements given outside the court by a minor, and shall assign such evidence the probative value it warrants. The court may also obtain the testimony of a minor using the closed-circuit system when, after a hearing, the court considers it appropriate.
History —Dec. 16, 2011, No. 246, § 43, eff. 90 days after Dec. 16, 2011.
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 IV - Judicial Proceedings (§§ 1141 — 1164) › § 1154 - Rights of grandparents and siblings of legal age who are not dependents of the parents in proceedings for the protection of minors

The grandparents of a minor may request to be heard in any proceedings for the protection thereof. The court shall grant the right to be heard when it determines that the grandparents maintain a relationship with the minor or have made sufficient efforts to establish one, and that allowing them to be heard is consistent with the purpose of this chapter to seek the best interests of the minor. However, grandparents shall not be entitled to intervene or become an intervener in the proceedings.
Siblings of legal age who are not dependents of the parents may request to be heard in any proceedings for the protection of minors. The court shall grant the right to be heard when it determines that the siblings maintain a relationship with the minor or have made sufficient efforts to establish one, and that allowing them to be heard is consistent with the purpose of this Act to seek the best interests of the minor. However, siblings shall not be entitled to intervene or become interveners in the proceedings.
History —Dec. 16, 2011, No. 246, § 44, eff. 90 days after Dec. 16, 2011.
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 IV - Judicial Proceedings (§§ 1141 — 1164) › § 1155 - Rights of foster homes to request to be heard in proceedings for the protection of minors

Persons in charge of foster homes or who have had a minor in their care for a term exceeding six (6) months may be heard, at the discretion of the court, in any proceedings for the protection of a minor who lives or has lived in their home, so that they may provide evidence of the physical, emotional, mental, or sexual integrity of such minor while in their care, but they shall not be deemed to be a party thereto. The court shall make a determination with regards to the request, taking the best interests of the minor into account.
In the case of proceedings related to the placement of a minor for adoption pursuant to the provisions of §§ 1051 et seq. of this title, known as the “Comprehensive Adoption Proceedings Reform Act of 2009,” persons in charge of foster homes shall not be heard nor be involved in any way in proceedings given the incompatibility of their function with the State’s objective to promptly identify a potential adoptive father or mother for a minor waiting to be adopted.
History —Dec. 16, 2011, No. 246, § 45, eff. 90 days after Dec. 16, 2011.
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 IV - Judicial Proceedings (§§ 1141 — 1164) › § 1156 - Rights of pre-adoptive homes

In the case of pre-adoptive homes that meet the requirements established in §§ 1051 et seq. of this title, known as the “Comprehensive Adoption Proceedings Reform Act of 2009,” they shall have the right to participate in any proceedings for the protection of the minor in their care.
History —Dec. 16, 2011, No. 246, § 46, eff. 90 days after Dec. 16, 2011.