reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter II - Prevention, Education, and Training (§§ 445 — 445f) › § 445 - Prevention of family violence, child abuse and neglect

The Department shall develop and offer educational programs on peaceful family relations and the rearing of children for individuals of all ages and social groups, to be disseminated through the mass communication media.
These programs shall be aimed at:
(1) Developing responsible awareness of the abuse problem;
(2) enabling and promoting harmonious living, child rearing, and discipline without violence, based on the values of love, solidarity, and peace, compatible with respect for the human rights of all, including children;
(3) transforming violent attitudes and behaviors and promoting the values of solidarity, love, and peace to counter cultural tolerance of violence in all aspects of life, especially harmonious living and child rearing;
(4) promoting multi-sector participation involving families, communities, and organizations in violence prevention programs, and
(5) helping victims of domestic violence and child abuse to identify and seek the support resources and services needed to emerge from the abuse cycle as quickly as possible.
In addition to the provisions in preceding paragraphs, the Department shall develop and broadcast a television program against child abuse and neglect, for which it shall involve the public, private, community and multidisciplinary professional sectors. Said television program shall develop and focus on the disclosure and use of available resources for guidance and education aimed at creating awareness and enabling, as well as at fighting and preventing cases of child abuse and/or neglect.
History —Aug. 1, 2003, No. 177, § 14; Sept. 29, 2004, No. 510, § 5.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter II - Prevention, Education, and Training (§§ 445 — 445f) › § 445a - Harmonious family life and child rearing schools

It shall be the Department’s duty to establish programs that will serve as schools for harmonious family life and child rearing in all its local offices, as a service to support prevention of child abuse and domestic violence.
History —Aug. 1, 2003, No. 177, § 15, eff. 90 days after Aug. 1, 2003.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter II - Prevention, Education, and Training (§§ 445 — 445f) › § 445b - Hospitals; orientation services

During pregnancy and when a child is born, public and private hospitals, in coordination with the Department of the Family and the Department of Health, must provide orientation to parents on the prevention of abuse and/or neglect. This orientation shall include, but shall not be limited to the following matters: the obligations and skills required for responsible parenthood, child rearing with affection and free of violence, the effects of abuse on the development of the child, the consequences of child abuse and/or neglect on the family and on the dignity and integrity of the human rights of children. They will also be given a directory of services to which they may apply for further guidance and/or help on matters such as child rearing and harmonious family life.
History —Aug. 1, 2003, No. 177, § 16; Sept. 29, 2004, No. 510, § 6.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter II - Prevention, Education, and Training (§§ 445 — 445f) › § 445c - Schools; primary education and prevention

The Department of Education, in coordination with the Department of Health, the Mental Health and Addiction Services Administration, and the Department of the Family, shall develop and implement courses for students, teachers, parents, and other persons responsible for the students; that will enable harmonious, non-violent living, based on the values of love, solidarity, and peace, compatible with the full enjoyment of human rights.
History —Aug. 1, 2003, No. 177, § 17; Sept. 16, 2004, No. 354, § 4.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter II - Prevention, Education, and Training (§§ 445 — 445f) › § 445d - Education and training

The Department shall develop and implement a continuing training program for employees who provide services to families. The program shall include the matters of prevention, investigation, evaluation, and handling of situations of abuse, among others. The Department shall also develop and implement educational and orientation programs for personnel and officials who are bound to report.
History —Aug. 1, 2003, No. 177, § 18, eff. 90 days after Aug. 1, 2003.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter II - Prevention, Education, and Training (§§ 445 — 445f) › § 445e - Resource bank

The Department shall maintain a resource bank and information about community programs and organizations that provide services in Puerto Rico. It shall collect, publish, and distribute training materials for professionals and public awareness, and shall provide, directly or indirectly, training to the personnel of the agencies that render or intend to render support, prevention, investigation or treatment services to minors who have been victims of abuse, institutional abuse, neglect, and/or institutional neglect.
History —Aug. 1, 2003, No. 177, § 19, eff. 90 days after Aug. 1, 2003.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter II - Prevention, Education, and Training (§§ 445 — 445f) › § 445f - Multisector programs and activities

The Department shall foster the development and improvement of government programs and activities, as well as those of other private and privatized entities, community groups and nongovernmental organizations, so that they may share responsibility for preventing and attending abuse situations. It shall also coordinate existing programs and carry out, support, and promote the development of demonstration and research projects.
History —Aug. 1, 2003, No. 177, § 20, eff. 90 days after Aug. 1, 2003.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter III - Administrative Procedure (§§ 446 — 446i) › § 446a - Evidence; photographs; radiological and dental examinations; laboratory tests

Any of the professionals and/or officials obliged to provide information in every 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 minor’s trauma areas, and if medically indicated, shall perform or order radiological or dental examinations, laboratory tests, or any other medical examination of the minor that is necessary, even without the consent of the father, mother, or other person responsible for the wellbeing of the minor, in cases where they are opposed to these or are not available at the time. Taking photographs of the location where the abuse, institutional abuse, neglect, and/or institutional neglect has occurred is also authorized.
The taking of photographs or performing of radiological or dental examinations, laboratory tests, or any other necessary medical examination shall be conducted in such a way that the condition of the minor is not aggravated or his or her dignity offended; and they shall be remitted to the Department as quickly as possible. The Department shall cover the initial expenses for the evaluation and care of the allegedly abused or abandoned minor and may require that the father, mother, or other person responsible for the minor reimburse the expenses. Moreover, it may require the participation of other agencies in contributing to cover the cost of the services for the necessary care. This evidence shall be available to initiate criminal prosecution for violations of the provisions of this chapter or other related statutes.
History —Aug. 1, 2003, No. 177, § 22, eff. 90 days after Aug. 1, 2003.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter III - Administrative Procedure (§§ 446 — 446i) › § 446b - Emergency custody

Any state or municipal police officer, social worker, or technician especially designated by the Department, school director, teacher, school social worker, behavioral professional, physician, official of the Commonwealth Emergency Management Agency, health professional, including mental health professional, who has a minor under treatment shall have emergency custody without the consent of the father, mother, or other person responsible for the minor when he or she knows 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 other person responsible for the minor is not available, in spite of an effort to locate him or her, or does not consent to have the minor removed.
(b) When notifying the father, mother, or other person responsible for the minor would increase the imminent risk to the minor or to another person.
(c) The risk is of such a nature that there is no time to petition the court for custody.
The person in charge of a hospital or a similar medical institution shall assume emergency custody of a minor when he or she knows or suspects that the minor has been a victim of abuse, institutional abuse, neglect, and/or institutional neglect; when he or she deems that the facts justify doing so, even though additional medical treatment is not required, and even if the father, mother, or other person responsible for the minor demands that he or she be returned to them.
Any person who assumes emergency custody of a minor shall immediately report this fact to the hotline of the Department, as provided in this chapter. The Department shall take the necessary protection measures for the minor and shall take care of placement needs. Emergency custody shall not be assumed by any jail, juvenile institution, or any other place for the detention of juvenile delinquents or offenders.
The emergency custody referred to in this section may not exceed twenty-four (24) 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 —Aug. 1, 2003, No. 177, § 23, eff. 90 days after Aug. 1, 2003.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter III - Administrative Procedure (§§ 446 — 446i) › § 446c - Interviewing minors without prior notice

The Department may interview a minor without the need for a court order and without prior notice to the father, mother, or other person responsible for the minor when it has knowledge of or suspects that the minor is a victim of abuse, institutional abuse, neglect, and/or institutional neglect and when notifying the father, mother, or other person responsible for the minor would increase the risk of serious harm to the minor or to another person. The Department may also hold an initial interview with the minor when the minor contacts the Department or a person who provides protective services.
The interview may be held in a public or private school, hospital, police station, or any other location where the safety of the minor can be guaranteed. School directors, supervisors, teachers, and other school employees shall be obliged to allow the representatives of the Department 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 —Aug. 1, 2003, No. 177, § 24, eff. 90 days after Aug. 1, 2003.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter III - Administrative Procedure (§§ 446 — 446i) › § 446d - Rights of the subject of the report

The subject of the report shall be entitled to request in writing from the Secretary of the Department a copy of the information found in the Central Registry referring to his or her case. The Secretary or his or her designee shall furnish the information, provided this does not go against the best interests of the minor, and provided that the necessary steps be taken to protect the confidentiality of the person who in good faith reported the case or cooperated during its investigation.
If the request for information 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, as of the date of notice of the final decision.
In those referrals lacking grounds, the subject of the report may request in writing that his name be amended or deleted from the Registry within thirty (30) days following the date of the notification that there are no grounds. The Commonwealth Center for the Protection of Minors shall have thirty (30) days from the date of receipt of the request to act thereon. If the request is denied or the Center fails to act thereon, the subject of the report shall have thirty (30) days to file his or her petition for review with the Court of Appeals. This thirty (30)-day discretionary review 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 —Aug. 1, 2003, No. 177, § 25; Sept. 16, 2004, No. 353, § 1.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter III - Administrative Procedure (§§ 446 — 446i) › § 446e - Confidentiality of reports and records

All records related to protection cases, including the reports from any office or public, private, or privatized entity, generated while enforcing this chapter shall be confidential and shall not be divulged except in the cases or circumstances specifically authorized by this chapter.
In cases of minors who are victims of sexual abuse, the agencies of the Commonwealth of Puerto Rico intervening in the case shall keep the identity of the minor confidential, including without being limited to the name of his/her father and mother, physical and mailing address, the name of the school attended by the minor and any other circumstance that may reasonably identify the minor who has been a victim of sexual abuse.
History —Aug. 1, 2003, No. 177, § 26; Aug. 6, 2008, No. 181, § 1.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter III - Administrative Procedure (§§ 446 — 446i) › § 446g - Administrative hearings

Whenever an administrative hearing must be held pursuant to this chapter, it shall be chaired by the person to whom the Secretary has delegated this function. Hearing procedures shall be carried out so as to allow the parties to submit all the evidence deemed necessary, introduce witnesses, interrogate the witnesses of the other party, and argue their cases. The parties may be represented by attorneys, if they so desire.
History —Aug. 1, 2003, No. 177, § 28, eff. 90 days after Aug. 1, 2003.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter III - Administrative Procedure (§§ 446 — 446i) › § 446h - Petition for reconsideration

The party adversely affected by a resolution or partial or final order may, within twenty (20) days of the date of filing the notification of the resolution or order in the record, introduce a motion for reconsideration of the resolution or order.
History —Aug. 1, 2003, No. 177, § 29, eff. 90 days after Aug. 1, 2003.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter III - Administrative Procedure (§§ 446 — 446i) › § 446i - Judicial review

The party adversely affected by an final order or resolution of this agency, and who has exhausted all the remedies provided by the agency, may file a petition for discretional review with the Court of Appeals within thirty (30) days, from the date on which a copy of the notification of the final order or resolution of the agency is filed with the court, as provided by §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act”.
History —Aug. 1, 2003, No. 177, § 30; Sept. 16, 2004, No. 353, § 2.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter IV - Judicial Proceeding (§§ 447 — 447y) › § 447 - Legal actions

When the investigation conducted shows that a situation of abuse, institutional abuse, neglect, and/or institutional neglect exists, the Secretary of the Department may appear before the Court of First Instance which shall have jurisdiction to issue protective orders, grant temporary or permanent emergency custody, deprive the father and/or mother of the minor of patria potestas, as requested, and any other remedy that guarantees the best interests of the minor.
History —Aug. 1, 2003, No. 177, § 31, eff. 90 days after Aug. 1, 2003.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter IV - Judicial Proceeding (§§ 447 — 447y) › § 447a - Legal representation

During judicial proceedings in cases of abuse, institutional abuse, neglect, and/or institutional neglect of a minor, the respondent may appear accompanied by his or her attorney. If the respondent does not have legal representation and lacks the means to defray the cost of such representation, the court may appoint a lawyer to represent him or her after certifying his/her condition of indigence. Defendants may waive their right to an attorney at any time, including waiving custody. However, the father or the mother may waive patria potestas over their children if represented by an attorney, pursuant to the provisions of § 447v(a) of this title.
The interests of a minor who has been declared to be the alleged victim of abuse, institutional abuse, neglect, and/or institutional neglect in court shall be represented by a family advocate.
History —Aug. 1, 2003, No. 177, § 32; Sept. 16, 2004, No. 353, § 3.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter IV - Judicial Proceeding (§§ 447 — 447y) › § 447b - Access to the public

The public shall not have access to the courtrooms where the proceedings conducted under this chapter are held. The court may allow the presence of persons who prove [having interest] in the matters at hand, pursuant to the rules provided by the court.
History —Aug. 1, 2003, No. 177, § 33, eff. 90 days after Aug. 1, 2003.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter IV - Judicial Proceeding (§§ 447 — 447y) › § 447c - Privileged communications

There shall be no privileged communications, except between attorney and client, as provided in the Rules of Evidence of Puerto Rico, App. IV of Title 32, in proceedings for abuse, institutional abuse, neglect, and/or institutional neglect of a minor, as provided in this chapter. Privileged communications, excluding privileged attorney-client communications, shall not constitute grounds for failing to provide reports such as those required or allowed by this chapter, or to cooperate with protective service for the minors in the activities contemplated in this chapter, or to accept or introduce evidence related to the abuse, institutional abuse, neglect, and/or institutional neglect of a minor in any judicial proceeding.
History —Aug. 1, 2003, No. 177, § 34, eff. 90 days after Aug. 1, 2003.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter IV - Judicial Proceeding (§§ 447 — 447y) › § 447d - Summons

Any summons to hearings shall be issued by the Clerk of the Court and shall require that any person to whom the summons is addressed appear in court at the specified date, time, and place under penalty of contempt, and the summoned party shall be advised of his or her right to appear accompanied by an attorney. The judge may summon any person in open court.
A summons to a hearing for temporary custody in emergency cases shall be served at least ten (10) days in advance thereof and shall also include:
(a) The alleged facts.
(b) The names of the witnesses.
(c) The contents of the resolution or order issued by the court.
History —Aug. 1, 2003, No. 177, § 35, renumbered as § 37 on Sept. 29, 2004, No. 510, § 9.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter IV - Judicial Proceeding (§§ 447 — 447y) › § 447e - Failure to appear; effects

If the summoned party fails to appear, the court shall order that he or she be held in contempt and may issue the resolution or order that is legally in order.
History —Aug. 1, 2003, No. 177, § 36, renumbered as § 38 on Sept. 29, 2004, No. 510, § 9.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter IV - Judicial Proceeding (§§ 447 — 447y) › § 447f - Emergency procedures

When the emergency custody of a minor has been obtained pursuant to the provisions set forth in § 446b of this title, or when the minor’s situation poses a risk to his or her safety, health, or physical, mental, or emotional integrity, the social worker of the Department or the family services technician may appear and testify under oath before a judge of the Court of First Instance, briefly and simply, as to the specific facts that led to the request for protection of the minor through his or her removal, using a form prepared for this purpose by the Office of the Courts Administration.
The court shall make the determination that it considers to be in the best interests of the minor, including an order to immediately place the minor under the custody of the Department, to so as provide the appropriate medical treatment, or grant emergency custody. The minor shall not be taken outside the jurisdiction of Puerto Rico, except with a court order to that effect.
In cases where temporary emergency custody is denied by a municipal court judge, the interested party may appear before the Court of First Instance, Superior Courtroom, Family Affairs Part, to request an ordinary custody hearing under this chapter.
History —Aug. 1, 2003, No. 177, § 37, renumbered as § 35 and amended on Sept. 29, 2004, No. 510, § 9.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter IV - Judicial Proceeding (§§ 447 — 447y) › § 447g - Notification of the order for removal

Notification of any order for removal issued by a judge shall be given simultaneously to the father, mother, or person in charge of the minor, to the local office of the Department, to the Office of Minors’ and Family Affairs of the corresponding judicial region, and to the Court of First Instance, Family Relations Part or Minors’ Affairs Part, within twenty-four (24) hours of its issuance.
History —Aug. 1, 2003, No. 177, § 38, renumbered as § 36 and amended on Sept. 29, 2004, No. 510, § 11.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter IV - Judicial Proceeding (§§ 447 — 447y) › § 447h - Temporary custody; hearings

If after considering the evidence introduced during the hearing on its merits, which shall take place within fifteen (15) days following the decision, the corresponding part of the Court of First Instance of Puerto Rico finds that the circumstances which caused the removal and emergency custody still exist, or that other conditions that require said action exist, said court shall award temporary custody to the Department and schedule a follow-up hearing.
History —Aug. 1, 2003, No. 177, § 39; Sept. 16, 2004, No. 353, § 4; Dec. 18, 2009, No. 186, § 24, eff. 30 days after Dec. 18, 2009.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter IV - Judicial Proceeding (§§ 447 — 447y) › § 447i - Medical treatment

Any relative or interested party, 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, may petition the court for an order to authorize essential medical treatment for said minor when the father, mother, or person responsible for the minor refuses to give his or her consent for such treatment. If the petition is made by someone other that the minor’s physician, it must be accompanied by a certificate from the physician who will provide the treatment to the minor, 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.
In any protection case in which the court grants custody of the minor to the Department or to any other entity, the Department shall have the power to authorize medical treatment and/or surgical procedures needed by the minor 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. When the medical treatment and/or surgical procedures do not constitute an emergency, the Department shall make a reasonable effort to contact the father and/or mother with patria potestas or tutor duly authorized by a court, or shall request judicial authorization of the court for the treatment or activity involved.
History —Aug. 1, 2003, No. 177, § 40; Sept. 16, 2004, No. 356, § 1.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter IV - Judicial Proceeding (§§ 447 — 447y) › § 447j - Follow-up hearing; progress reports

In every case of termination of custody, the Department shall inform the court of the reasonable effort that has been made to preserve the unity of the family and/or reunite the family, with the participation of the necessary governmental and nongovernmental entities.
The Department shall submit periodic evaluation reports with whatever information the court may require and within the period set by the court. Said evaluation reports shall include information on the condition and physical, mental and/or emotional progress of the minor, as well as the services provided to the family, the 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 supporting and helping the families.
In addition to what is provided in this section, the court shall schedule a follow-up hearing within six (6) months as of the date of having awarded temporary custody of the minor. In said follow-up hearing, the judge shall determine whether the family, father, mother or person in charge of the minor is expending reasonable efforts as required under this chapter to achieve family reunification. If such is the case, the judge shall provide the family, father, mother or person in charge of the minor a term not greater than three (3) months to continue receiving services based on the permanent placement plan to attempt family reunification. However, if in said hearing the Department certifies and proves to the judge that the family, father, mother or person in charge of the minor shall not comply with the permanent placement plan previously established or does not wish to carry on with the permanent placement plan, the judge shall convert the follow-up hearing, established in this section, into a final ruling hearing, pursuant to § 447k of this title.
History —Aug. 1, 2003, No. 177, § 41; Sept. 16, 2004, No. 356, § 2; Dec. 18, 2009, No. 186, § 25, eff. 30 days after Dec. 18, 2009.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter IV - Judicial Proceeding (§§ 447 — 447y) › § 447k - Final ruling hearing

The court must hold a ruling hearing within a period that shall not exceed twelve (12) months after having awarded temporary custody of the minor. In the cases of minors under the responsibility of the Department with a permanency plan established prior to the approval of this act, the final disposition hearing of the permanency plan shall be held within a period not to exceed six (6) months after the approval thereof.
Every decision that provides for the return of the minor to his or her home must be supported by a report prepared by a social worker, psychologist, or psychiatrist, duly licensed in Puerto Rico, or a caseworker trained in protective services for minors. The Department shall be responsible for submitting a report for the consideration of the court that complies with the provisions of this section in all final disposition hearings. If the minor’s return to his or her home is recommended, the report must reasonably conclude that the conditions of risk that were present at the time of the minor’s removal no longer pose a risk to the wellbeing, health, or physical, mental, emotional or sexual integrity of the minor. However, if the court should not have such a report, it may find for the return of the minor to the home if, upon evaluation of the evidence available at the time, it determines that said action does not jeopardize the safety and contributes to the wellbeing of the minor. If the Department fails to submit the aforementioned report, the court may impose penalties or summon the Department to a contempt hearing, as the case may be.
In those cases in which, after having made a reasonable effort, the court determines that it is not advisable to return the minor to the home of his or her father, mother, or person responsible for him or her, or to another home, the court may grant custody to the Department, or a proceeding may be initiated for termination of patria potestas pursuant to the provisions set forth in this chapter.
History —Aug. 1, 2003, No. 177, § 42; Sept. 16, 2004, No. 356, § 3; Dec. 18, 2009, No. 186, § 26, eff. 30 days after Dec. 18, 2009.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter IV - Judicial Proceeding (§§ 447 — 447y) › § 447l - Remedies—Abuse and neglect

In any judicial proceeding on abuse and/or neglect initiated under this chapter, the court may order any of the following remedies:
(a) To provide support services, keeping the minor at home under the protective supervision of the Department and under whatever conditions the court deems convenient, for a period that initially shall not be longer than six (6) months and which may be extended for just cause for up to a maximum of one (1) year, subject to the determination of the court.
(b) To deprive the father, mother, or the person responsible for the temporary custody of the minor, for a period that initially shall not be longer than six (6) months and which may be extended for just cause for up to a maximum of one (1) year, subject to the conditions that the court may deem convenient. In such cases, temporary custody of the minor may be awarded to any of the following:
(1) A member of the family of the minor.
(2) The Department, in which case physical custody may be awarded to a person designated by the Department.
(c) To award the physical custody of the minor in pursuing his/her best interests, to the person or institution that the court deems convenient, provided it is licensed or certified by the Department. Foster parents or operators of establishments where the minors are to be placed under this chapter, shall receive medical and educational information at the time of placement. Said information shall be revised and updated periodically.
(d) To deprive both parents of patria potestas, jointly, separately or only one of them, in those cases in which one of the grounds provided for in body of laws for withdrawing, restricting or suspending patria potestas, is proven.
(e) Any other determination needed for the protection of the best interests of the minor.
History —Aug. 1, 2003, No. 177, § 43; Sept. 29, 2004, No. 510, § 12.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter IV - Judicial Proceeding (§§ 447 — 447y) › § 447m - Custodians—Faculties and duties

The person with physical custody of the minor shall have the following faculties and duties:
(a) To keep the minor under his or her care and protection;
(b) To protect, educate, and discipline the minor; and
(c) To provide food, clothing, shelter, schooling, recreation, and the routine medical care required by the minor, and
(d) Whenever the Department of the Family is the custodian and relations between siblings have not been restricted or prohibited, the Department shall organize and must establish a visitation plan so that siblings who have been removed from their homes may be able to interact at least twice (2) a month, seeking to place them together whenever possible. The Department of the Family shall be bound to guarantee that physical custodians comply with all the duties and obligations set forth in the plan.
History —Aug. 1, 2003, No. 177, § 44; Aug. 10, 2009, No. 63, § 2.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter IV - Judicial Proceeding (§§ 447 — 447y) › § 447n - Right of minor to be heard

In any proceeding under this chapter, the minor shall have the right to be heard. The judge may interview the minor in the presence of the advocate or a social worker of the court. The statements given shall be part of the record. The court may allow and consider the written or oral evidence in the statements given outside the court by a minor and shall assign such evidence the probatory value it merits. The court may also obtain the testimony of a minor using the closed circuit system when the court, after a hearing, considers it proper to do so.
History —Aug. 1, 2003, No. 177, § 45, eff. 90 days after Aug. 1, 2003.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter IV - Judicial Proceeding (§§ 447 — 447y) › § 447o - Rights of grandparents and siblings of legal age, not dependent on their parents in proceedings

(a) The grandparents of a minor may request to be heard in any proceeding for the protection of minors. The court shall grant legitimacy to intervene 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 intervene is consonant with the purpose of this subchapter to pursue the best interests of the minor.
(b) The siblings of legal age, not dependent on their parents, may request to be heard in any proceeding for the protection of minors. The court shall grant legitimacy to intervene 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 intervene is consonant with the purpose of this subchapter to pursue the best interests of the minor.
History —Aug. 1, 2003, No. 177, § 46; Sept. 29, 2004, No. 510, § 13.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter IV - Judicial Proceeding (§§ 447 — 447y) › § 447p - Right of foster homes and adopting parties

Any person in charge of a foster home or who has a minor in his/her care for a period greater than six (6) months, and any adopting party who has executed a placement agreement concerning such minor, may be heard, in the discretion of the court, in any proceeding for the protection of a minor who lives or has lived in the home of the former, so that the former may contribute evidence on the physical, emotional, mental or sexual state of the minor while in their care, but the former shall not be deemed to be a party thereto. The court shall make a determination with regard to the request, taking into account the best interests of the minor.
History —Aug. 1, 2003, No. 177, § 47; Dec. 18, 2009, No. 186, § 27, eff. 30 days after Dec. 18, 2009.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter IV - Judicial Proceeding (§§ 447 — 447y) › § 447q - Medical, physical and mental examinations

At any stage of the proceedings, the court may order an examination of the physical, mental or emotional state, pursuant to Rule 32 of the Rules of Civil Procedure of Puerto Rico, of a minor, the father, mother, or person responsible for the minor at the time of the alleged abuse, institutional abuse, neglect and/or institutional neglect, as well as of any party to the proceedings or the person who requests custody or care of a minor.
History —Aug. 1, 2003, No. 177, § 48; Sept. 16, 2004, No. 356, § 4.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter IV - Judicial Proceeding (§§ 447 — 447y) › § 447r - Reports admissible in evidence

Before ruling on any incident in a protection case, the court must have before it a report that shall include the information related to the minor, his or her relatives, their circumstances, and any other information that will allow the court to properly rule in the best interests of the minor.
In any judicial proceeding related to the protection cases referred to in this chapter, the court shall consider as evidence social and medical expert reports pursuant to the provisions of the Rules of Evidence of Puerto Rico, App. IV of Title 32, and the following provisions:
(a) Social reports. — Before reviewing an incident in a case of protection, the court shall have at hand a social report, which shall include data in connection with the minor, his/her relatives, his/her circumstances, and any other information that shall enable the court to make an adequate review to pursue the best interests of the minor.
Family services technicians and social workers of the Department who have evaluated a minor shall file an original and copies of their reports with the court and with the Family Affairs Advocate within a period of not less than ten (10) days prior to any scheduled hearing. Provided, That, if they fail to file their reports within the period set in this section, the party which fails to comply may be held in contempt and financial sanctions imposed.
At the request of an interested party, the court shall arrange for a copy of the social report to be delivered to the party entitled to have the same. Parties entitled to a copy of the reports shall be responsible for keeping their contents strictly confidential, and shall limit their use to the procedure established by virtue of this chapter.
[(b)] [Medical and expert reports]. — The medical and expert reports, as well as the social report, shall be confidential, unless the court should find that there is just cause to disclose the information. Said reports shall be admitted in evidence pursuant to the provisions of the Rules of Evidence of Puerto Rico.
History —Aug. 1, 2003, No. 177, § 49; Sept. 29, 2004, No. 510, § 14.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter IV - Judicial Proceeding (§§ 447 — 447y) › § 447t - Reasonable efforts in cases of abuse or neglect and domestic violence

In situations of domestic violence, in which the survivor of domestic violence is not the perpetrator of the child abuse, the provisions of this chapter must not be interpreted so as to entail the removal of minors from their home without first making a reasonable effort for the protection of the minors and of the persons undergoing a domestic violence situation.
When intervening in cases of abuse or neglect where domestic violence is also alleged, the technicians, social workers, or other helping professionals in charge of investigating and attending to situations of abuse, together with their supervisor, and making use of their professional criteria in the screening and investigation process, must do the following:
(a) Evaluate the risk that domestic violence entails for the surviving minors and victims of domestic violence, taking into account the circumstances of each particular case in order to promote the safety of the victims.
(b) Provide and coordinate protective and support services to attend to the surviving victims of domestic violence, such as helping to place them in a shelter, contacting the police, obtaining a protective order, advising them of their rights, making an effort to remove the aggressor from the home, among others measures. The victim must also be made aware of the impact of violence on minors.
(c) Take the corresponding steps to separate aggressors from their victims and to have them assume responsibility for their violent conduct, after giving the victims the opportunity to understand all their options and all the services available to them. These actions shall be taken as part of the efforts needed to protect the victims.
(d) In cases where it is necessary to remove custody of the minors from the surviving victim of domestic violence, the latter must be informed of his or her rights and options, including his or her right to be represented by an attorney during the whole process.
History —Aug. 1, 2003, No. 177, § 51, eff. 90 days after Aug. 1, 2003.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter IV - Judicial Proceeding (§§ 447 — 447y) › § 447u - Termination, restriction, and suspension of parental rights

In any proceeding initiated to protect a minor who has been the victim of abuse and/or neglect, as defined in this chapter, or when the circumstances described in § 634b of Title 31 are present, the Department may petition, through a written motion, for the termination, restriction or suspension of parental rights over the father or mother of those minors under legal or physical custody of the Department, without having to initiate a termination suit. In such cases, a hearing must be compulsorily held, to be conducted within a term of not more than fifteen (15) days from the notice of the petition for termination, restriction or suspension of parental rights. In said motion, the parties shall be notified of their right to legal counsel. The father and/or mother may only relinquish his/her parental rights pursuant to the provisions of subsection (a) of § 447v of this title.
History —Aug. 1, 2003, No. 177, § 52; Dec. 18, 2009, No. 186, § 29, eff. 30 days after Dec. 18, 2009.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter IV - Judicial Proceeding (§§ 447 — 447y) › § 447w - Contents of the petition

A petition for termination of parental rights must be made under oath and shall include at least the following:
(a) The name, date, place of birth, if known, of the minor.
(b) The name and address of petitioner.
(c) The name and place of residence, if known, of each of the parents of the minor.
(d) The name and address of the minor’s guardian in protection or adoption proceedings.
(e) A brief statement of the facts that according to the petitioner constitute sufficient grounds for the petition for termination of patria potestas.
(f) The consequences of the termination order.
At the time the petition is filed, the court shall set a date within the following ten (10) days for holding the hearing, which shall not be suspended except for just cause. Furthermore, at the time the petition is filed, the parties shall be notified of their right to not be deprived of their parental rights without being assisted by an attorney. If the respondent fails to appear or fails to justify his/her nonappearance, the court shall find him/her in default and may pronounce judgment without further summons or hearing. Moreover, the proceedings for the termination of parental rights may be conducted simultaneously with adoption proceedings, as provided in §§ 2699 et seq. of Title 32, known as the “Special Legal Proceedings Act”. Once the termination of parental rights becomes final and binding, the Department may immediately institute adoption proceedings.
History —Aug. 1, 2003, No. 177, § 54; Dec. 18, 2009, No. 186, § 31, eff. 30 days after Dec. 18, 2009.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 23B - Comprehensive Child Wellbeing and Protection Act (§§ 444 — 450m) › Subchapter IV - Judicial Proceeding (§§ 447 — 447y) › § 447x - Appeals

Any of the parties may file an appeal before the Puerto Rico Court of Appeals, in the corresponding judicial region, petitioning for review by appealing the sentence of termination of parental rights issued by the Court of First Instance of Puerto Rico. The appeal must be filed within thirty (30) days following the decision of the court. However, the filing of an appeal shall not render the decision made by the Court of First Instance ineffective.
History —Aug. 1, 2003, No. 177, § 55; Sept. 16, 2004, No. 356, § 6; Dec. 18, 2009, No. 186, § 32, eff. 30 days after Dec. 18, 2009.