2023 Laws of Puerto Rico › TITLE ONE - The Commonwealth (§§ 1 — 5289) › Chapter 18 - Bill of Rights for Children (§§ 412 — 417) › § 412 - Bill of Rights of the Child

The Commonwealth of Puerto Rico, being fully aware that it is its responsibility to achieve the maximum development and welfare of all the children of the Commonwealth, declares that every child in Puerto Rico, from birth to twenty-one (21) years of age, and without impairing the laws in effect, shall be entitled to:
(1) Be guaranteed the effectiveness enforcement of the rights consigned in the Constitution of Puerto Rico and in the applicable laws and regulations.
(2) Receive the surnames of both parents at birth, or in its defect, the two surnames of the person who recognizes him/her.
(3) Live in an adequate environment in the home of his/her parents and in families where its physical needs are met and to enjoy the care, affection and protection which guarantees his/her full physical, mental, spiritual, social and moral development.
(4) Be protected by the State from any type of abuse or negligence that originates from the parents or the persons who care for him/her.
(5) Enjoy the care and protection of the State when its parents and relatives do not assume or are unable to assume said responsibility.
(6) Not be removed from its own home unless, through a judicial process, the removal that is approved is for the welfare and best interests of the child.
(7) That when a child is removed from its home, the State shall take the necessary measures and shall make permanent plans for its care, pursuant to the applicable provisions of law.
(8) That the first options to be considered as a substitute to its own home, shall the home of qualified relatives, an adoptive, or foster home in which he/she may receive the affection and care inherent to his/her age and condition.
(9) Enjoy, while in the foster home or facility, the educational, health and recreational services, as well as protection from abuse, negligence and exploitation.
(10) Except when adopted by persons who are not part of his/her family, to continue a relationship with those members of the family who are meaningful to him/her—when the removal occurs due to the death of one of the parents or divorce—provided that the relationship is in the best interests of the child.
(11) A child who has been adopted may retain all the rights which because of his/her previous relationship as a member of a former family, he/she has acquired prior to the date the adoption decree is issued.
(12) Reconstruct his/her life without the emotional pressure caused by establishing filial relationships with the parent who has made him/her a victim of sexual abuse, provided that, this is recommended by experts in human conduct.
(13) Not be returned to the home where he/she has been a victim of abuse, exploitation, negligence or sexual abuse without having an evaluation by competent professionals in human conduct, of the pertinent government agency, who recommends that said action is in the best interests of the minor.
(14) In the actions before the courts, in matters which affect its state, condition or circumstances, the child shall be entitled to be heard and to receive the due recognition, provided that the factors related to its age, capacity and level of maturity allow it.
(15) Have the court designate a representative to watch over its welfare and its best interests in the procedures on custody and deprivation of patria potestas when it has been a victim of abuse, exploitation, negligence or sexual abuse. The defender shall not only represent it before the courts, but shall also ensure the expediting of the procedures in the public or private agency that must make the permanent deterrninations regarding its care.
(16) Be protected by the State in any kidnapping by a parent, relative or third person.
(17) The confidentiality of its name and circumstances that identify it in situations where its honor or reputation could be tarnished. An exception is made in the case of those who have incurred delinquent activities and are between the ages that in §§ 2201 et seq. of Title 34, classifies them as adults, if the information refers to the crimes committed.
(18) Be protected from information or material that is harmful for their social, moral and spiritual development.
(19) That the necessary services be provided in case of disability or special needs due to its health condition.
(20) Receive adequate medical care for its physical, mental and emotional health and integral pre-natal and post-natal care in accordance to the growth and development chart in effect, as preventive health measures.
(21) Enjoy a safe environment, free from attacks to its physical, mental or emotional integrity in all learning institutions, whether public or private, throughout its elementary, high school or vocational studies to the extent that the State facilities allow it.
(22) That the educational system enables the development of its personality and the optimum development of its physical and mental activities, which will prepare him/her not only in the academic aspects, but also for its role in society to the extent the government facilities allow.
(23) That it is provided the means to enjoy leisure time and its participation in social, cultural and extracurricular activities that will promote its leadership, to the extent the government facilities allow.
(24) That the State limits and regulates the hours and working conditions so that it does not suffer exploitation, nor its development or enjoyment of activities germane to its age or level of growth are negatively affected.
(25) It be protected from the illegal use of controlled substances, tobacco and alcoholic beverages and that it is prevented from being used in the chain of drug production, distribution and trafficking.
(26) That effective measures be taken to protect them from activities in which sexual abuse and exploitation are implied—such as prostitution and pornography; as well as acts, ceremonies or rituals of any nature that could expose them to the risk of suffering physical or emotional harm.
(27) That the State penalizes the sale and traffic of children.
History —Dec. 31, 1998, No. 338, § 2, eff. 30 days after Dec. 31, 1998.