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 IV - Judicial Proceeding (§§ 447 — 447y) › § 447y - Family advocates

Family advocates shall be entrusted with the task of prosecuting on behalf of the Government of the Commonwealth of Puerto Rico, whatever actions may be in order as the result of investigations carried out on abuse, institutional abuse, neglect, and/or institutional neglect of minors.
Insofar as it is possible, and taking into consideration the age and maturity of the minors, family advocates shall keep them informed of the decisions that affect them.
History —Aug. 1, 2003, No. 177, § 56; Sept. 16, 2004, No. 352, § 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 V - Protection Orders (§§ 448 — 448g) › § 448 - Persons authorized to petition

The father or mother, school director, teacher, law enforcement officer, the Advocate for Minors Affairs or the Family Advocate, or any prosecutor or official authorized by the Secretary of the Department of the Family, the school social worker, or any relative or person responsible for the minor may ask the court to issue a protection order for minors against the person who abuses or is suspected of abusing or neglecting a minor, or when there is imminent risk of a minor being abused.
History —Aug. 1, 2003, No. 177, § 57; Sept. 16, 2004, No. 352, § 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 V - Protection Orders (§§ 448 — 448g) › § 448a - Issuance

The court, taking into account the best interests and safety of the minor, may issue a [protection] order when it determines that there are sufficient grounds to believe that the minor has been the victim of abuse or neglect, or that there is imminent risk of his or her being so victimized. Without the following being construed as a limitation, the order may:
(a) Adjudicate temporary custody of the abused minors or those at imminent risk of being abused to the petitioner, the Department of the Family, or the nearest relative who guarantees the minor’s wellbeing and safety.
(b) Order the respondent is the latter has custody of the minors, to move out of the house that he or she shares with the minors, regardless of the right that respondent may claim thereto.
(c) Order the respondent to refrain from bothering, pestering, harassing, persecuting, intimidating, threatening, or otherwise interfering with the exercise of temporary custody over the minors that has been adjudicated to petitioner or to the nearest relative to the whom it has been granted.
(d) Order the respondent to refrain from coming near or entering any place where the minors are, when at the discretion of the court that restriction is needed to prevent respondent from mistreating, intimidating, pestering, bothering, threatening, or otherwise interfering with the minors.
(e) Order the respondent to pay the rent or mortgage of the house where the minors live when respondent has been ordered to move out, or to pay child support for the minors if he or she has a legal obligation to do so.
(f) Order the respondent to participate in the programs or receive the treatment needed to stop his or her abusive or neglectful conduct toward the minors.
(g) Order the respondent to pay for the programs or for the treatment needed that he or she receives, or that the minors victims of abuse or neglect must receive.
(h) Issue any order needed to enforce the purposes and public policy of this chapter.
History —Aug. 1, 2003, No. 177, § 58, 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 V - Protection Orders (§§ 448 — 448g) › § 448b - Procedure for issuance

(a) Initiating the action.— The procedure to obtain a protection order may be initiated:
(1) By submitting an oral or written petition;
(2) as part of any pending case of custody or termination of patria potestas, or as part of any proceeding under this chapter, or
(3) at the request of the Family Advocate or any prosecutor in a criminal proceeding, or as a condition for probation or parole.
(b) To facilitate the procedure to obtain a protection order under this chapter, the Courts Administration shall have simple forms available at the Office of the Clerk of the Puerto Rico Courts to request and process the order. It shall also provide the help and orientation necessary to fill out and submit said orders.
(c) Once the petition for a protection order is submitted, the court shall issue a summons to the parties under penalty of contempt to appear within a term that shall not exceed forty-eight (48) hours. The notice of summons and a copy of the petition shall be done pursuant to the Rules of Civil Procedure, App. IV of Title 32, and shall be served by a marshal or law enforcement officer within a term not to exceed twenty-four (24) hours after [having] been submitted. Failure to appear by a person who has been duly summoned shall be deemed as criminal contempt of the court that issued the summons and shall be punishable pursuant to the law.
History —Aug. 1, 2003, No. 177, § 59; Sept. 16, 2004, No. 352, § 3; Sept. 16, 2004, No. 356, § 7.
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 V - Protection Orders (§§ 448 — 448g) › § 448c - Ex parte orders

The court may issue an ex parte protection order if it determines that:
(a) Diligent efforts have been made to serve the respondent with a copy of the summons issued by the court and the petition that has been filed with the court, and these efforts have not been successful; or
(b) there is the likelihood that giving prior notice to the respondent may cause the irreparable damage that the petition for a protection order is trying to prevent, or
(c) when the petitioner shows that there is a substantial likelihood of immediate risk of abuse.
Whenever the court issues an ex parte protection order, it shall do so provisionally, and immediately notify the respondent with a copy thereof or through any other form, and give the respondent the opportunity to object thereto. To that effect, the court shall schedule a hearing to be held within the five (5) days following the issuance of the ex parte order, except if the respondent should ask for a postponement. During the hearing, the court may render in effective the order or extend the effects thereof for the period it deems necessary.
History —Aug. 1, 2003, No. 177, § 60, 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 V - Protection Orders (§§ 448 — 448g) › § 448d - Content

(a) All protection orders must specifically indicate the orders issued by the court, the remedies ordered, and the period the order is to be in effect.
(b) All protection orders must state the date and time they were issued, and specifically notify the respondent that any violation thereof shall constitute contempt of court, which could result in imprisonment, a fine, or both penalties.
(c) Any ex parte protection order must include the date and time it was issued, and must state the date, time, and place where the hearing shall be held for the purpose of extension or annulment thereof, and the reasons that made it necessary to issue the ex parte order.
(d) All protection orders issued by a court shall be listed in a form substantially similar in content to the one included in this chapter as a guideline.
History —Aug. 1, 2003, No. 177, § 61, 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 V - Protection Orders (§§ 448 — 448g) › § 448e - Notice to parties and law enforcement agencies

(a) A copy of every protection order must be filed with the Office of the Clerk of the Court that issues the same. The Office of Clerk of the Court shall provide a copy thereof, at the request of the parties or of any interested party. Said office shall also simultaneously notify the father, mother, or person responsible for the minor, the local office of the Department, and the Office of Minors’ and Family Affairs of the corresponding judicial region, the Court of First Instance, Family Relations Part or Minors Affairs Part, and the police station closest to the home of the minor, within twenty-four (24) hours of its issuance.
(b) Any order issued under this chapter must be notified to the respondent personally, whether by a marshal of the court, a law enforcement order officer, or any person over eighteen (18) years of age who is not a party to the case; or according to the procedure established in the Rules of Civil Procedure, App. IV of Title 32.
(c) The Office of the Clerk of the Court shall send a copy of the orders issued under this chapter to the police dependency in charge of keeping a record of all protection orders thus issued. Furthermore, a copy of the order shall be forwarded to the police station closest to the home of the minor. A copy of the order shall also be forwarded to the Child Support Administration when the same provides for the payment of child support.
The Department of the Family shall provide the necessary services to the minor for whose benefit a protection order is issued.
History —Aug. 1, 2003, No. 177, § 62; Sept. 29, 2004, No. 510, § 16.
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 V - Protection Orders (§§ 448 — 448g) › § 448f - Failure to comply

Failure to comply with a protection order issued pursuant to this chapter, shall constitute a felony in the third degree in its lesser half, and shall be punished accordingly.
Notwithstanding the provisions of Rule 11 of the Rules of Criminal Procedure, as amended, even though there is no order to that effect, all law enforcement officers must make an arrest when shown a protection order issued under this chapter or a similar law against the person to be arrested or if it is determined that said order exists by contacting the corresponding authorities and they have reason to believe that the provisions of the protection order have been violated.
History —Aug. 1, 2003, No. 177, § 63; Aug. 4, 2008, No. 151, § 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 V - Protection Orders (§§ 448 — 448g) › § 448g - Forms

The forms that the Offices of the Clerks of the Courts shall provide the petitioners of a protection order must be designed in such a way that the information, circumstances, and facts contained in the sample forms may be indicated or stated. The Courts Administration Office may modify the samples when deemed convenient for the purposes of this chapter.
History —Aug. 1, 2003, No. 177, § 64, 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 VI - Institutional Abuse and/or Institutional Neglect (§§ 449 — 449f) › § 449 - Reports

Reports on institutional abuse and institutional neglect shall be made and investigated in the same way as provided for in § 446 of this title, except that the Department of Justice shall be the government entity responsible for carrying out the corresponding investigation when institutional abuse and institutional neglect occur, or are suspected of occurring in an institution that gives shelter or provides services, treatment, or detention to minors who are offenders pursuant to §§ 2201 et seq. of Title 34.
The Department of Justice shall establish the procedures for the investigation of cases of institutional abuse and institutional neglect in its charge. It shall also provide mechanisms to submit the data required to prepare the annual government plan and to update the information in the Commonwealth Center for the Protection of Minors on the investigation, findings, and progress of each case.
History —Aug. 1, 2003, No. 177, § 65, 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 VI - Institutional Abuse and/or Institutional Neglect (§§ 449 — 449f) › § 449a - Petition for remedy for investigation

At any time during the investigation of a referral of institutional abuse or institutional neglect, the official designated by the Department prevented from doing his or her work may appear before the court and declare under oath, briefly and simply, using a form prepared for this purpose by the Office of Courts Administration, the specific facts that prevent him or her from doing his or her work, document the existence of a referral that justifies his or her intervention, and request an ex parte order against the public, private, or privatized respondent agency or subject of the referral, providing the following:
(a) An order to allow access to inspect the facilities, review the files of minors who are or have been in the institution, and documents related to the operation of the entity.
(b) An order to allow interviews of minors, employees, relatives, or parents.
(c) An order to allow access to information about the minors who are or have been in the institution, their parents, or persons having custody, employees, or former employees, including data leading to their whereabouts.
(d) An order to require that the employees or persons responsible for the operation of the entity submit to tests for the detection of controlled substances or psychological or psychiatric evaluations.
(e) An order to produce documents and/or belongings of the minor.
(f) Any order that allows gathering information needed to evaluate the circumstances of the alleged institutional abuse or institutional neglect.
The order or orders issued shall remain in effect until the investigation is concluded or until it is determined in the process that it is no longer necessary.
History —Aug. 1, 2003, No. 177, § 66, 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 VI - Institutional Abuse and/or Institutional Neglect (§§ 449 — 449f) › § 449c - Remedies

At any stage of the proceedings, when it is determined that there is an emergency situation that endangers the safety, health, or physical, mental or emotional integrity of a minor as a result of a situation of institutional abuse and/or institutional neglect, the court may:
(a) Order that the minor be immediately placed in the custody of the father, mother, or person responsible for the minor.
(b) Order that the minor be placed in the custody of the Department.
(c) Order the immediate relocation of the minor, and any other minor who may be at risk.
(d) Order that the requested treatment be given, or that the required services be provided.
(e) Order the institution to desist from the actions that put the health, safety, and wellbeing of the minors in its charge at risk.
(f) Order the institution to take or carry out all the necessary steps to guarantee the health, safety, and wellbeing of the minors.
(g) Order the partial or total closing of the institution.
(h) Order that all admissions and placements in the respondent institution or agency cease.
(i) Order any temporary measure needed to guarantee the wellbeing of the minors.
(j) Order any public agency charged with the accreditation of, or with the authority for licensing the respondent institution or agency, to cancel or deny the license or accreditation.
(k) Order the appearance of any public, private, or privatized agency whose intervention is needed to attend to the need for protecting the minor or minors object of the petition.
(l) Issue any order needed to enforce the purposes and public policy of this chapter.
It is hereby provided that the remedies listed in subsections (a), (b), (g), (h) and (j) of this section shall not be available in those cases where the Department of Justice is the petitioning party.
History —Aug. 1, 2003, No. 177, § 68, 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 VI - Institutional Abuse and/or Institutional Neglect (§§ 449 — 449f) › § 449d - Subsequent proceedings in cases of emergency

When an emergency proceeding has been initiated, the hearing of such cases before the Court of First Instance shall be held within twenty (20) days after the initial hearing is held. The court shall issue a written notice to be served ten (10) days prior to the hearing on the merits. The written notice shall contain the following information:
(a) The facts alleged.
(b) The names of the petitioner and the witnesses who are expected to testify in support of the allegations.
(c) The contents of the resolution issued by the court.
(d) The date, time, and place of the hearing, as well as mention of the right of the parties to appear assisted by their attorneys during any stage of the proceedings. The lack of legal representation shall not be a reason to suspend the hearing.
(e) A warning that in the case of failure to appear at the hearing, the court shall find the party in default and enter the corresponding remedy to ensure the health, safety, and wellbeing of the minor or minors under the custody, supervision, or care of the respondent institution without further summons or hearing.
(f) A warning that noncompliance by the respondent institution with the orders of the court constitutes contempt, which may entail the imposition of penalties and the permanent closing of the institution, as well as an order to the Department, the Department of Justice, or the agency involved, to suspend or revoke the corresponding license or accreditation, and the ratification of any orders issued at any stage of the proceedings.
History —Aug. 1, 2003, No. 177, § 69, 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 VI - Institutional Abuse and/or Institutional Neglect (§§ 449 — 449f) › § 449e - Progress reports

The Department or the Department of Justice shall submit periodic evaluation reports with the information and within the term required by the court. The evaluation reports shall include information on the condition and progress of the institution in attending to the circumstances that gave rise to the petition, as well as the services provided to the minor, the family, the father, mother, or person responsible for the minor. These reports shall also include pertinent recommendations as to the duration, modification, or termination of the action plan, and compliance with the orders and conditions imposed.
History —Aug. 1, 2003, No. 177, § 70, 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 VI - Institutional Abuse and/or Institutional Neglect (§§ 449 — 449f) › § 449f - Final disposition hearing

The court must hold a final disposition hearing of the case within a period not to exceed six (6) months from the date of notice, pursuant to § 449d of this title. In any case brought under this chapter, the court shall find in favor of the well-being of the minor, in accordance with the public policy stated herein.
History —Aug. 1, 2003, No. 177, § 71; Sept. 16, 2004, No. 352, § 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 VII - Civil and Criminal Remedies (§§ 450 — 450i) › § 450 - Cause of action

Any person who considers that his or her employment conditions or status have been affected for having complied with the obligation to report pursuant to the provisions of this chapter shall have grounds to claim damages against the party who has caused the damages.
To that effect, any personnel transaction or change prejudicial to the status or conditions of employment of a person reporting abuse, such as dismissal, discharge, involuntary transfer, or reductions in pay, job benefits, or privileges, or negative evaluations, at the same time as or within six (6) months of reporting situations of abuse, institutional abuse, neglect or institutional neglect, shall constitute prima facie evidence of retaliation on the job against the person involved.
History —Aug. 1, 2003, No. 177, § 72, 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 VII - Civil and Criminal Remedies (§§ 450 — 450i) › § 450a - Penalty

Any person, official, or public or private institution with the obligation of furnishing information pursuant to the provisions of either § 444 or 446 of this title, and who voluntarily and deliberately fails to comply with that obligation, or who fails to perform any other act required by this chapter, or deliberately prevents another person acting reasonably from doing so, or who deliberately furnishes false information or advises another person to do so, shall incur a misdemeanor and if convicted shall be sanctioned by a fine up to five thousand dollars ($5000) or by imprisonment up to ninety (90) days. Any information furnished which is found to be false and whose natural or probable consequence is deemed to have interfered in the legitimate exercise of custody, parental rights and patria potestas, shall be referred by the competent authority to the Department of Justice for evaluation and the subsequent corresponding prosecution.
History —Aug. 1, 2003, No. 177, § 73; Aug. 14, 2008, No. 276, § 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 VII - Civil and Criminal Remedies (§§ 450 — 450i) › § 450b - Unauthorized disclosure of confidential information

Any person who allows, aids, or abets the unauthorized disclosure of confidential information contained in the reports and files prepared as part of any procedure carried out under this chapter, or provided or obtained in a judicial hearing, shall incur a misdemeanor and if convicted shall be punished with a fine of not less than five hundred dollars ($500), nor of more than five thousand dollars ($5,000), or with a maximum term of imprisonment of six (6) months, or both penalties, at the discretion of the court.
History —Aug. 1, 2003, No. 177, § 74, 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 VII - Civil and Criminal Remedies (§§ 450 — 450i) › § 450d - Neglect

Any father, mother, or person responsible for the wellbeing of a minor who through commission of an act, or omission causes harm to a minor or puts his or her health or physical, mental, or emotional integrity at risk, shall be sanctioned with a fixed term of imprisonment of two (2) years, or a fine of not be less than five thousand dollars ($5,000) nor of more than eight thousand dollars ($8,000), or both penalties, at the discretion of the court.
Should there be aggravating circumstances, the fixed penalty thus established may be increased for up to a maximum of three (3) years; should there be extenuating circumstances the fixed penalty may be reduced for up to a minimum of one (1) year. The neglect referred to in this section may take the form of repetitive conduct or of an isolated incident or an imprudent omission incurred without the proper care which causes a physical, mental, or emotional injury, or puts the minor at a substantial risk of death.
When the conduct typified in the preceding paragraph is the result of a pattern of negligent behavior that causes harm or puts the minor’s health and physical, mental, or emotional integrity at risk, it shall be sanctioned with a fixed term of imprisonment of four (4) years, or a fine of not less than eight thousand dollars ($8,000), nor of more than ten thousand dollars ($10,000), or both penalties, at the discretion of the court. Should there be aggravating circumstances, the fixed penalty may be increased for up to a maximum of six (6) years; in the case of extenuating circumstances the fixed penalty may be reduced for up to a minimum of two (2) years.
History —Aug. 1, 2003, No. 177, § 76, 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 VII - Civil and Criminal Remedies (§§ 450 — 450i) › § 450e - Failure to comply with orders

Any deliberate violation of an order issued pursuant to §§ 449–449b of this title on institutional abuse or institutional neglect, shall be punishable as a misdemeanor. The court may impose a fine for each violation that shall not exceed five thousand dollars ($5,000), as well as the penalty of restitution.
History —Aug. 1, 2003, No. 177, § 77; Sept. 29, 2004, No. 510, § 17.
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 VII - Civil and Criminal Remedies (§§ 450 — 450i) › § 450f - Fines

The money collected from fines shall be transferred to the Trust for the Prevention of Abuse and the Protection of Minors.
History —Aug. 1, 2003, No. 177, § 78, 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 VII - Civil and Criminal Remedies (§§ 450 — 450i) › § 450g - Prohibitions

No conviction under this chapter may be used to initiate eviction proceedings against a family enjoying the benefits of a governmental housing program until all the remedies provided in this chapter related to the reasonable effects have been exhausted.
History —Aug. 1, 2003, No. 177, § 79, 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 VII - Civil and Criminal Remedies (§§ 450 — 450i) › § 450h - Reeducation and retraining

In any case in which a person who has not been previously convicted of violating the provisions of this chapter or any other law of Puerto Rico or the United States concerning abusive conduct toward minors, incurs conduct typified as a crime under this chapter, after a trial has been held and after a conviction, or after a guilty plea has been entered, the court, motu proprio, or at the request of the defense or the Department of Justice, may cease all proceedings and submit that person to a diversion program for the reeducation and retraining of persons who incur abusive conduct against minors. Before making any determination in this regard, the court shall hear the opinion of the Department of Justice. Provided, That in those cases in which the charges contain allegations of abuse of a sexual nature or of serious physical abuse, this diversion option shall not be available. The court shall impose the terms and conditions it may deem reasonable and appropriate for the diversion program, taking into consideration the best interests of the minor, and shall set the term of the reeducation and retraining program to which the accused shall be submitted, which term shall never be less than one (1) year. If the accused or the person who benefits from the diversion program established in this section fails to comply with any of the conditions imposed by the court, the latter, after holding a hearing, may vacate benefit granted and proceed to issue judgment.
If a person who benefits from a diversion program established in this section fulfills to the letter the conditions imposed as part thereof, the court may, at its discretion and after holding a hearing, order the dismissal of the case against him or her. The dismissal under this section shall be effected without a verdict from the court, but the record of the case shall be kept confidential, not accessible to the public, and separate from other records, for the exclusive use of the courts to determine whether the person qualifies for the benefits provided under this section in subsequent proceedings.
The dismissal of the case shall not be deemed to be a conviction for the purpose of the disqualifications or incapacities imposed by law on those convicted of committing a crime, and the person whose case has been thus dismissed shall be entitled to have the Superintendent of Police return any fingerprint records and photographs in the possession of the Puerto Rico Police taken in relation to the violation of the law for which he or she was prosecuted.
The dismissal provided in this section may only be granted once to any eligible person.
History —Aug. 1, 2003, No. 177, § 80; Sept. 29, 2004, No. 510, § 18.
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 VII - Civil and Criminal Remedies (§§ 450 — 450i) › § 450i - Reeducation and retraining—Guidelines

The Department shall be responsible for drafting the guidelines and requirements that shall govern the diversion programs mentioned in this chapter. The Department shall promote the creation of these programs by public, private, and community entities pursuant to the requirements established in these guidelines. Beneficiaries of the program shall be bound to pay the cost of the services received as part of the same.
The Department shall have ninety (90) days from the date of approval of this act to draft the guidelines referred to in this section.
History —Aug. 1, 2003, No. 177, § 81, 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 VIII - Special Provisions (§§ 450j — 450m) › § 450j - Comprehensive Child Wellbeing and Protection Plan

Every two (2) years, the Department shall prepare a Comprehensive Child Wellbeing and Protection Plan to serve as a guide for the implementation of the public policy established in this chapter. The plan must reflect the progress in the implementation of the chapter and shall be prepared after multisector consultation with the government, nongovernmental, and private entities in charge of enforcing the chapter. A copy of the plan shall be submitted to the Legislature and shall be available for consideration by the general public. The Department shall prepare a summary of the plan to achieve greater dissemination among the general public.
History —Aug. 1, 2003, No. 177, § 82, 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 VIII - Special Provisions (§§ 450j — 450m) › § 450k - Annual report

The Department shall prepare and submit to the Governor and to the Legislature an annual report on the prevention and treatment of situations of abuse, institutional abuse, neglect, and institutional neglect not later than April 30 of each year. The Legislature shall remit a copy of said report to the Puerto Rico College of Social Workers and to any other agency, institution, or person that requests it.
History —Aug. 1, 2003, No. 177, § 83; Sept. 29, 2004, No. 510, § 19.
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 VIII - Special Provisions (§§ 450j — 450m) › § 450l - Power to contract

The Secretary of the Family shall have the powers and authority necessary and convenient to enforce the provisions and achieve the purposes of this chapter. He or she may contract, reach agreements, and coordinate with government and nongovernmental agencies and entities, and the Judiciary, as well as with other public and private institutions.
History —Aug. 1, 2003, No. 177, § 86, 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 VIII - Special Provisions (§§ 450j — 450m) › § 450m - Appointments; terms

The present Special Advocates for the Protection of Minors renamed by law as Family Advocates, who were appointed before this act became effective, shall continue in their positions without the need for a new appointment until the terms for which they were appointed expire. Likewise, provisions of this chapter shall not affect the exercise of the functions nor the salaries that these officials earn when this act becomes effective.
History —Aug. 1, 2003, No. 177, § 89; Sept. 16, 2004, No. 352, § 6.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 24 - Protection of Children and Prevention of Child Abuse (§§ 451 — 471) › § 452 - Definitions

The following terms shall have the meaning indicated below, unless it is otherwise clearly understood or construed from the context:
(a) Trust or Protection of Children and Child Abuse Prevention Trust.— Shall mean the Permanent Fund for the Administration and Operation of Assets Destined for the Development of Programs for the Protection of Children and Prevention of Child Abuse.
(b) Board of Trustees.— Means the Board of Trustees of the Fund.
(c) Administration.— Means the Family and Children’s Administration created by Reorganization Plan No. 1 of July 28, 1995, and attached to the Department of the Family.
(d) Trustee.— Means a member of the Board of Trustees of the Trust.
(e) Operating expenses.— Means those charges, salaries, compensations, commissions and other similar expenses that are necessary or proper for the operation and administration of the Trust’s fund.
(f) Secretary of Family.— Shall mean the office of the Secretary of the Department of the Family created by Reorganization Plan No. 1 of July 28, 1995.
(g) Permanent Fund.— Means the fund destined for the creation of the Trust for the Protection of Children and Prevention of Child Abuse.
History —July 1, 1997, No. 27, § 2.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 24 - Protection of Children and Prevention of Child Abuse (§§ 451 — 471) › § 453 - Capitalization

The Trust shall be nourished from those funds or properties that are ceded or donated to it in benefit of the programs to be administered by the Trust; and those other sums that are donated or ceded to the trust, from time to time, by any natural or juridical person or by the Governments of the United States and of Puerto Rico. This fund shall be denominated as the Permanent Fund.
History —July 1, 1997, No. 27, § 3.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 24 - Protection of Children and Prevention of Child Abuse (§§ 451 — 471) › § 454 - Board of Trustees

The Trust shall be directed and administered by a Board of Trustees which shall be the governing body of the Trust. The Board shall be composed of the Secretary of the Family, represented by the Administrator of the Families and Children’s Administration, the Secretary of the Treasury and five (5) representatives of the community, of which not less than two (2) shall be social workers.
The appointments of the first five (5) representatives of the community shall be, the first for one (1) year; the second, for two (2) years; the third, for three (3) years; a fourth member for four (4) years and the fifth, for five (5) years. Subsequent appointments shall be made for a term of five (5) years, the members of this Board shall be appointed by the Governor of Puerto Rico and shall hold office until their successors are appointed and take office. The Board shall select a Chairperson and a Secretary through a majority vote of all its members.
History —July 1, 1997, No. 27, § 4.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 24 - Protection of Children and Prevention of Child Abuse (§§ 451 — 471) › § 455 - Meetings

The Secretary shall call and direct the first meeting of the Board and subsequent meetings. The first special meeting shall be held within fifteen (15) days following the appointment of all its members.
History —July 1, 1997, No. 27, § 5.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 24 - Protection of Children and Prevention of Child Abuse (§§ 451 — 471) › § 456 - Vacancies

Should a vacancy occur, the succeeding trustee shall be designated to hold said office for the remaining term of said vacancy, and shall meet the eligibility requirements of his/her predecessor. A vacancy on the Board shall not have the effect of diminishing its authority to exercise all its powers and carry out all the duties of the Board in any meeting in which there is the necessary quorum.
History —July 1, 1997, No. 27, § 6.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 24 - Protection of Children and Prevention of Child Abuse (§§ 451 — 471) › § 457 - Members—Qualifications

Every trustee who is a representative of the community shall be of known moral probity and of recognized competence and experience in some of the different phases of child abuse or financial or business activities. No elected official of the Government of Puerto Rico and no official or employee of any political party shall be a trustee.
History —July 1, 1997, No. 27, § 7.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 24 - Protection of Children and Prevention of Child Abuse (§§ 451 — 471) › § 458 - Members—Removal

The Board of Trustees may, with the vote of the absolute majority of its members, recommend to the Governor the removal of any trustee of the Board for just cause. Said removal and the reasons therefor shall be set forth in a public record. The following shall be understood to be just cause:
(1) The violation of the provisions of this chapter or of its regulations as to the faithful performance of his/her responsibilities as trustee.
(2) Acts or omissions contrary to the best interests of the Trust or to its financial solvency.
(3) Gross negligence in the performance of his/her functions.
History —July 1, 1997, No. 27, § 8.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 24 - Protection of Children and Prevention of Child Abuse (§§ 451 — 471) › § 459 - Quorum

An absolute majority of the members of the Board shall constitute quorum to hold the meetings of the Board. The decisions shall be made through the affirmative vote thereof in order to address its affairs and exercise the powers and duties of the Board; each trustee shall be entitled to cast one single vote.
If a meeting is convoked and it cannot be constituted for lack of quorum, it shall be recorded and a new meeting shall be convoked immediately to be held within the following ten (10) days for the same purposes. In said meeting, quorum shall be constituted by the members of the Board that are present, and its agreements shall be valid.
History —July 1, 1997, No. 27, § 9.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 24 - Protection of Children and Prevention of Child Abuse (§§ 451 — 471) › § 460 - Voting

The Chairperson of the Board shall have a voice, but not vote in the affairs and decisions made by the Board. However, should there be a tie in the voting, the Chairperson may cast his/her vote to break the tie, but after calling a second vote in which the tie prevails.
History —July 1, 1997, No. 27, § 10.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 24 - Protection of Children and Prevention of Child Abuse (§§ 451 — 471) › § 461 - Rules; stipends

The Board shall adopt, and may from time to time, amend rules for its operation and internal administration, and those rules, regulations and norms that are consistent with the provisions of this chapter as they may be necessary and proper to direct its affairs and business. Trustees by appointment shall receive per diems equal to the minimum per diems fixed for members of the Legislature for each day they attend Board meetings. The trustees shall be entitled to reimbursement of those necessary and reasonable expenses incurred in the performance of their powers and duties, or trustees, pursuant to the legal provisions established in the Civil Code.
History —July 1, 1997, No. 27, § 11.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 24 - Protection of Children and Prevention of Child Abuse (§§ 451 — 471) › § 462 - Conflict of interest

If a matter is brought before the consideration of the Board in which a trustee has a personal interest or direct or indirect pecuniary interest through a family or business relation, including, but without being limited to, decisions of the Board related to the investment of those assets that are part of the Permanent Fund, in any obligation or proprietary deposit in a bank, corporation, partnership, or any other person with whom said trustee has said pecuniary interest, he/she shall then indicate, for the record, that he/she has such pecuniary interest and shall not vote or participate in said matter. None of the above shall be construed as a prohibition of a trustee to participate or vote in matters related to the general investment norms of the Permanent Fund of the Trust.
History —July 1, 1997, No. 27, § 12.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 24 - Protection of Children and Prevention of Child Abuse (§§ 451 — 471) › § 463 - Executive Director

The Board shall contract and fix the salary, working terms and conditions of an Executive Director, who shall have all those powers delegated to him/her by the Board related to the administration of the Fund. The Executive Director shall contract and establish the working terms and conditions of the additional personnel needed for the Trust with the consent, and subject to the norms established by the Board. No member of the Board shall hold the office of Executive Director or be part of the working personnel of the Permanent Fund. The costs and expenses related to personnel shall be paid with the Trust’s funds.
History —July 1, 1997, No. 27, § 13.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 24 - Protection of Children and Prevention of Child Abuse (§§ 451 — 471) › § 464 - Investment of assets

The assets of the Permanent Fund shall be invested pursuant to the rules and regulations promulgated to such effects. Said rules and regulations shall be approved from time to time by the Government Development Bank, in terms of eligible investments for said Fund.
History —July 1, 1997, No. 27, § 14.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 24 - Protection of Children and Prevention of Child Abuse (§§ 451 — 471) › § 465 - Budget

(a) The Executive Director shall prepare a budget for the Permanent Fund each year, which shall be subject to the approval of the Board.
Said budget shall clearly establish the operating expenses that shall be defrayed from the revenue of said Fund.
History —July 1, 1997, No. 27, § 15.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 24 - Protection of Children and Prevention of Child Abuse (§§ 451 — 471) › § 466 - Custodians

The Board shall designate one or more banks to serve as custodians of the money, securities and assets of the Permanent Fund.
The custodian banks shall have to be:
(a) Incorporated under the laws of the United States or of Puerto Rico.
(b) Subject to the supervision and examination by the banking authorities of federal or Puerto Rican deposit institutions and those that have been designated by the Secretary of the Treasury as depositaries of public funds.
History —July 1, 1997, No. 27, § 16.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 24 - Protection of Children and Prevention of Child Abuse (§§ 451 — 471) › § 467 - Fiscal year

The fiscal year of the Permanent Fund shall end on June 30 of each year.
History —July 1, 1997, No. 27, § 17.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 24 - Protection of Children and Prevention of Child Abuse (§§ 451 — 471) › § 468 - Political activities; prohibition

The resources of the Permanent Fund shall not be used to finance or influence activities of a political partisan nature.
History —July 1, 1997, No. 27, § 18.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 24 - Protection of Children and Prevention of Child Abuse (§§ 451 — 471) › § 469 - Compensation

No member of the Board of Trustees, official, agent or employee shall in any way be personally liable for any obligation, loss or expense incurred by the Permanent Fund unless such obligation loss or expense arises or is the result of gross negligence, intentional misconduct or knowing that it could cause damages. The Board shall be authorized to compensate third parties and release from liability each one of the trustees, officials, agents or employees against any loss, claim, damage, lawsuit or obligation, including the payment of attorney’s fees that arise from the performance of his/her duties, except when there is gross negligence, intentional misconduct or action knowing that damages could be caused on his/her part.
History —July 1, 1997, No. 27, § 19.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 24 - Protection of Children and Prevention of Child Abuse (§§ 451 — 471) › § 470 - Audit

The Office of the Comptroller may examine, review, supervise or audit documents, papers or records of the Permanent Fund created hereby in order to ensure that the assets and the public funds proceeding from the Government of Puerto Rico, its agencies or instrumentalities, including the municipalities, have been used according to law.
History —July 1, 1997, No. 27, § 20.