2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 22 - Act For The Development And Implementation Of The Public Policy On Early Childhood In Puerto Rico (§§ 391 — 398) › § 392 - Public policy

The early years in the lives of children are critical for their physical, social, emotional and cognitive development, which are determining factors in the schooling process of any and all children. These years provide us with the unique opportunity to potentiate their human capabilities, which carries great implications for the upcoming years of their lives. It is therefore that we recognize that investing in our children in their early childhood is an investment in the social and economic development of Puerto Rico, and we hereby propose a public policy that addresses the specific needs and issues of children in their early childhood, comprehensively and in an integrated manner. This public policy is directed to providing our children with the opportunity to achieve their fullest integrated development by establishing a comprehensive system of available and accessible integrated high-quality services. Said system shall comprise all sectors involved in the lives of our children, the Central Government and the municipal governments, as well as the various institutions, organizations, professional associations, families and communities that provide services to this population. These sectors shall work together in the design, implementation and evaluation of the different programs and initiatives, in the pursuit of a common goal: the well-being and the fullest development of our children.
The Public Policy on Early Childhood enacted herein is grounded on the basic ethical values set forth in the Convention of the Rights of the Child of the United Nations Organization, ratified in November, 1989, as well as in our Bill of Rights of the Child (Act No. 338 of 1998). The latter establishes that “every child shall be entitled to live in an adequate environment in the home of his/her parents and in families where his/her physical needs are met and to enjoy the care, affection and protection which guarantees his/her full physical, mental, spiritual, social and moral development”. This Public Policy on Early Childhood is also predicated on the seven following principles: (1) the experiences lived at an early age lay the foundation for the development and the learning process to take place throughout children’s lives; (2) children should have access to the necessary living conditions to achieve their fullest development; (3) the relationships between children and their families are the basis for their development and their learning process; (4) children and their families have particular characteristics, needs, priorities and strengths; (5) child development involves diverse dimensions that are interrelated; (6) children in their early childhood learn actively by interacting with their physical and social environment; and (7) persons who intervene with children are enablers in their integrated development. In accord with these values and principles, the measures concerning children developed and adopted under this public policy shall hinge upon the best interests of the minor. Likewise, and recognizing that families are vitally important in the lives of children, the necessary efforts shall be made in order to strengthen parents as to their primary role in the care, development and education processes of their children.
The Public Policy on Early Childhood shall address the six (6) following areas: Safe birth, health, arts and culture, education, safety, family, child play, recreation, and sports. These areas shall afford numerous and diversified opportunities so that our children are provided with the necessary tools to achieve success in school and in life. The definitions, scope and limitations of each of these terms are hereby set forth as follows:
(1) Safe birth.— The healthy process that promotes and affirms the fullest development of the baby to be born, which is based on appropriate pre-conception, prenatal and perinatal care. This process comprises from pregnancy to the birthing process and includes the first month of life. In this area, services directed to prevention and health maintenance are crucial. These services should be centered on the family and the child and should be accessible, continuous, coordinated, comprehensive and culturally sensitive, elements which characterize a medical home for the life cycles that range from the prenatal stage to the age of eight (8) years. Thus, the reduction of the child death rate is assured, as well as the prevention, detection and timely intervention of physical and social-emotional health conditions, in order to guarantee that the transition process will course properly, pursuant to the ethics and confidentiality principles.
It is hereby declared as a public policy that the Government of Puerto Rico shall be responsible for creating and implementing directly or through other public and private entities, all the mechanisms within its reach in order for:
(a) All pregnant women to be able to have timely, coordinated and universal access to prenatal care that contributes to the achievement of the good health of the women and their babies to be born. It is hereby adopted as a public policy that mother-baby contact shall be facilitated during the first hour of birth of the baby, provided this is medically possible.
(b) All women in labor and their life partners or a companion of their choice to actively participate in the labor preparation activities, including their participation in prenatal education. Furthermore, all women in labor shall be entitled to be accompanied by the person they choose, pursuant to §§ 3691 et seq. of Title 24, known as the “Labor, Childbirth and Post-partum Partner Act”, whether it be her life partner or any other person whom they wish to partake in this process.
(c) All pregnant women to have available competent and culturally-appropriate care, that is, care that is responsive and sensitive to their particular beliefs, values and customs.
(d) All pregnant women to receive reliable and descriptive information of the practices and procedures conducted or applied during labor, including intervention measures and their outcomes. Pursuant to §§ 3691 et seq. of Title 24, all pregnant mothers are entitled to make decisions regarding the labor process, once they have been duly counseled by their physician or health professional.
(e) All families to have available the support and the information they need in order to make informed decisions that prepares them to breastfeed successfully.
(f) All families to have available the support and the information they need to make an informed decision concerning the circumcision of their baby boys.
(2) Health.— As regards to health, the public policy shall see to health maintenance through services centered on the family and the child that are accessible, affordable, continuous, coordinated, comprehensive and sensitive — elements which characterize a medical home — during the life cycle that ranges from the prenatal stage to eight (8) years of age. Through this public policy, the Commonwealth shall facilitate the prevention, detection and timely intervention in physical and mental health conditions, thus reducing the child death rate. Furthermore, appropriate transition processes shall be conducted within the framework of ethical principles and the established confidentiality protocols.
It is hereby declared as a public policy that the Government of Puerto Rico shall be responsible for creating and implementing, directly or through other public or private entities, all mechanisms within its reach in order for:
(a) All children in their early childhood to enjoy good health and physical, emotional, mental and social well-being in all dimensions and throughout all stages of their development, so as to encourage the development of their social competencies to enable them to accomplish their aspirations and to cope successfully with the challenges within their environment.
(b) All children to have access to adequate primary and specialized medical and dental health services, as well as to integrated multidisciplinary services that promote good health, pursuant to the well baby care schedule. The main goals of this schedule are to guarantee vaccination for every child, to provide families with the information they need regarding safety, nutrition and management of challenging child-rearing situations, and to offer treatment for health problems and developmental deficiencies.
(c) Efforts to be promoted, adopted or strengthened so that parents, tutors or guardians fulfill their duty to maintain the good health of the children under their care.
(d) The specific and diverse needs of children with special needs to be met.
(e) Preventive measures to be implemented and for timely detection and intervention to take place concerning those health conditions and factors that limit the growth and development of children, including but not limited to children born with fetal alcohol or drug withdrawal syndrome, among others.
(f) Health professionals to develop the necessary know-how and professional competencies in normative and atypical child development and screening procedures and instruments employed in the prevention and promotion of child health, and to address the specific needs of children with special needs.
(g) Health services to be rendered within an environment of respect and confidentiality, taking into consideration the values, the interests and the social context of the family or the responsible adult.
(h) Inter-sector networks to be developed so as to ensure continuity in health services throughout all cycles and stages of early childhood.
(3) Arts and culture.— The main interest in establishing this public policy shall be to contribute in the integrated development and formation of children in their early childhood by promoting the arts and culture as a source of physical, mental and spiritual health and a better quality of life. Through diverse projects and activities that are appropriate for their different developmental stages, children shall be able to explore the vast field of the arts and their diverse media and to use them to represent their experiences, to develop and express their creativity and to acquaint themselves with the Puerto Rican and the international cultural wealth. The field of the arts shall comprise literature, dance, theater, music, plastic arts, architecture, popular arts and the museographic, archeological and ethnographic collections, among other manifestations. For this purpose, care, development and education programs shall be encouraged to integrate arts and culture into their curricula, as well as the public education system of Puerto Rico; furthermore, the education of skilled professionals for their teaching shall be fostered.
It is hereby declared as a public policy that the Government of Puerto Rico shall be responsible for creating and implementing directly or through other public or private entities, all mechanisms within its reach in order for:
(a) The arts and culture to be promoted as regards to children in their early childhood, so that children in their early childhood may be able to freely express and develop their creative capabilities by using all media available.
(b) Children in their early childhood to be exposed to the national and international arts and cultures through experiences that are appropriate for their developmental stages.
(c) Role playing, free creative expression, artistic exploration, literary development and exposure to the national and international arts and cultures to be a part of the curricula in early childhood care, development and education programs.
(d) Children in their early childhood to be able to enjoy experiences based on child literature books that are appropriate for their different developmental stages, written by Puerto Rican as well as international authors.
(4) Education.— It is the deliberate social processed [sic] directed toward facilitating and broadening the continuous development of human beings in their diverse individual, social and historical dimensions, with the purpose of fully developing their potentials and their capability to live in harmony with their environment. This includes their beliefs, values, ecological awareness, culture, family relations, general well-being and integrated development. As regards to education for children in their early childhood, this public policy aims at providing children with appropriate environments and a high-quality education, taking into account their strengths and meeting their needs; all of which shall be a part of a process that respects the capabilities, the different developmental stages, and the learning style of each and every child.
It is hereby declared as a public policy that the Government of Puerto Rico shall be responsible for creating and implementing directly or through other public or private entities, all mechanisms within its reach in order for:
(a) Families, communities, care and development programs and public schools to be able to identify and develop experiences and learning opportunities for the integrated formation of children.
(b) Care, development and education programs for our children in their early childhood to be developed and implemented; for early childhood programs to promote active learning and healthy community living to be developed both in pre-school and care settings and in elementary schools.
(c) Early childhood care, development and education programs to ensure the well-being, the safety and the health of children by creating appropriate environments.
(d) Oral language development to be fostered, as well as experiences to encourage reading and writing through different media, including information technologies and resources, in public and school environments, such as child literature rooms, reading corners, bookmobiles and school libraries, among others.
(e) The care, development and education of children in their early childhood to be under the care of qualified personnel that keeps abreast of the best practices established by renowned professional organizations, such as the National Association for the Education of Young Children. All service providers shall be responsible for making people aware of the importance of adults who are committed with, sensitive to and knowledgeable in development issues, so as to be able to meet the particular needs of children in their early childhood.
(f) Programs directed toward the care, development and education of children in their early childhood that operate with public or private funds to use practices that are appropriate for the particular issues and the stage of development of each child and that comply with quality research-based standards promulgated by the Commonwealth.
(g) For the general community to be made aware of the information regarding appropriate practices and quality standards in services rendered in the areas of care, development and education of children in their early childhood, so that parents may be able to make informed decisions when choosing the program which is most appropriate for their child.
(h) All programs directed toward children in their early childhood to have access to information and resources for the betterment of the quality of their services and accreditation by renowned professional associations.
(i) Child play, exploration and discovery in interactive social environments that afford respect and freedom to be used as strategies for the physical, social, emotional, linguistic and cognitive development in early childhood care, development and education programs.
(j) Early childhood care, development and education programs to have a culturally appropriate curriculum that addresses all the dimensions of development and areas of learning, and which provides appropriate spaces and enough time for exploration and discovery, as well as for the appropriate interaction and the critical and reflective dialogue to take place between the adult and the children.
(k) Early childhood care, development and education programs to have an assessment component, with procedures and instruments that are appropriate for the developmental stage of the children and which address all dimensions of development and all areas of learning.
(l) Early childhood care, development and education programs to be based on respect for individuality, particular issues, needs and strengths of the components which constitute the learning community.
(m) Early childhood care, development and education programs to implement their curricula, taking into consideration the assessment of the results obtained in the development of the children.
(n) Children in their early childhood to receive continuous services in the areas of care and education.
(5) Safety.— The area of safety comprises protection guarantees and the efforts conducted in order for all children to have the opportunities they need to achieve their fullest physical, mental and emotional development, and in pursuing their best interests and well-being. This includes prevention concerning mistreatment, abuse and negligence, whether institutional or within the family home or the community. Safety is a state of peace of mind and prevention, as well as the way in which any risk situation is to be handled. It is the protection and the measures used to foster the well-being, to reduce the vulnerability, and to prevent damages or risks to the physical and emotional integrity of children in their early childhood within the settings or environments to which they are regularly exposed.
It is hereby declared as a public policy that the Government of Puerto Rico shall be responsible for creating and implementing directly or through other public or private entities, all mechanisms within its reach in order for:
(a) All children in their early childhood to feel loved, cared for and protected by their parents and to grow and develop in a safe environment. In the event that the adults responsible do not assume said obligation, the minor shall be entitled to the protection of the Commonwealth, pursuant to the provisions of §§ 444 et seq. of this title.
(b) Safe spaces that are appropriate for children in their early childhood to be created.
(c) Children in their early childhood to enjoy an environment that is free from hazards and risks in their home, their community and their care, development and education programs, so that they are provided with the opportunity to develop their human potential.
(d) Children in their early childhood to develop and be cared for within an environment of healthy coexistence, order, peace and tranquility.
(e) Children in their early childhood to grow in an environment in which adults have realistic expectations regarding their behavior, present concrete answers to their needs and provide them with feasible alternatives for their betterment.
(f) Children in their early childhood to be able to use technological advancements to enhance their development and knowledge safely. Parents shall have the obligation of supervising minors in the adequate use of technological advancements, so that there is an assurance that these will enhance their development. Any adult who attempts to exploit a minor through technological media shall be punished by the Commonwealth.
(g) The privacy of children in their early childhood to be respected and protected. For this purpose, the Commonwealth shall educate parents, teachers, caregivers and the communications media, so that they enforce stringent confidentiality measures to protect from disclosure the name, likeness, and intimate details in any situation involving children. Their parents, persons in charge or representatives are responsible for knowing the policies and practices relative to privacy and confidentiality, as well as the manner in which their data and information is used or to be used.
(h) Children in their early childhood to participate in educational and care programs that meet the needs of the size of the group and the adequate ratio of children per adult for their age, pursuant to licensing requirements and the best practices directed toward facilitating an appropriate supervision.
(i) Children in their early childhood to receive sustenance from their fathers and their mothers, regardless of whether they live in the same house or not.
(6) Family.— Pursuant to §§ 444 et seq. of this title, known as the “Comprehensive Child Well-being and Protection Act”, family is defined as two or more persons connected by consanguineous, juridical, or immediate or extended family relations, who share social, financial and affective responsibilities, whether living under the same roof or not.
Families are regarded as the social system closest to children, with the primary responsibility of enabling their development through child-rearing functions. Undoubtedly, the child-rearing process is affected by various factors, such as: characteristics of the child, characteristics of the parents, the state of psychological well-being of the latter, the community environment and the family context. All families have their strengths as well as the capability to successfully cope with different crises and challenges, whereby they grow and are strengthened.
In order for a family to fully discharge its function as an enabling agent in the potential for the development of a child, certain needs must be met, such as education on child-rearing through the promotion of the family’s health and well-being so as to improve its quality of life. This declaration of public policy establishes multi-sector actions directed to improving the quality of life of children in their early childhood by enabling families to acquire control over the child-rearing process, while adequately addressing the developmental needs of their children in their early childhood. Thus, we seek to prevent behaviors that reflect high stressor levels — be it due to their family structure or to special physical health or mental health needs — from adversely affecting the development of children at this stage.
It is hereby declared as a public policy that the Government of Puerto Rico shall be responsible for creating and implementing directly or through other public or private entities, all mechanisms within its reach in order for:
(a) Families to be recognized as the core institution that promotes the integrated development of children, and for parents to be recognized as the primary educators of their children.
(b) The Department of Education to integrate into its curriculum, from elementary school grades, courses that promote a responsible child-rearing process.
(c) Interventions and initiatives to be developed in seeking to offer training to families on the impact of conditions that affect the typical development of children.
(d) Educational programs to be broadened and strengthened in seeking to promote responsible child-rearing, so that these may constitute a valuable tool for prevention that is of assistance in enabling the fullest development of children in their early childhood.
(e) The situation to be studied and for collaboration strategies to be developed in seeking to strengthen the role of grandparents in charge of rearing their grandchildren.
(7) Child play, recreation and sports.— The area of recreation in early childhood refers to an array of diversified and stimulating playful activities for the enjoyment and amusement of children, from which the children derive satisfaction and a feeling of well-being and whose characteristics will change to suit the needs, abilities, interests and preferences of the children and their developmental stage. For purposes of this public policy, child play and sports imply all manifestations of the endeavors of early childhood expressed in playful activities, physical activity, movement, exercise, or initial motor aptitudes and athletic skills, practices according to their developmental stage.
In order to implement the public policy concerning this area, it is necessary to understand the concept of recreation for early childhood and to ensure the right to engage in child play for the enjoyment of spare time.
It is hereby declared as public policy that the Government of Puerto Rico shall be responsible for creating and implementing directly or through other public or private entities, all mechanisms within its reach in order for:
(a) The persons or entities in charge of recreation and sports to incorporate strategies that are appropriate for this developmental stage within their early childhood curricula, plans or programs.
(b) Children in their early childhood to have available spaces to move freely and engage in active and passive play and to have access and contact with nature, within their family and community environment and within their care, development and education environments.
(c) Children in their early childhood to be able to rest, as well as to amuse themselves, to play and to participate in recreational and sports activities that are appropriate for their age and developmental stage.
(d) Children in their early childhood to participate in child play-based programs, activities and events, in seeking to provide all children with access to recreational and educational activities that promote their well-being, according to their capabilities and interests.
(e) Child play and recreation to be fostered, developed and supported, as well as non-federated and non-school physical movement and playful sports programs, so as to contribute to the physical and mental health of children in their early childhood, including children with special needs, to encourage their integration into the community.
(f) Awareness to be raised concerning the importance of child play in the development of children in educational programs conducted by caregivers and educators, as well as for the all-around education of recreation and sports professionals to be strengthened in terms of the early childhood developmental characteristics and needs.
(g) The standards in effect to protect children in their early childhood to be followed by means of safe and appropriate practices in recreation and sports.
History —June 18, 2008, No. 93, § 3.