reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 42 - Child Safety, Well-being, and Protection Act (§§ 1101 — 1206) › Subchapter IV - Judicial Proceedings (§§ 1141 — 1164) › § 1157 - Medical, physical, and mental exam

At any stage of the proceedings, the court may order that a minor, father, mother, or person responsible for the minor who had his/her custody at the time of the alleged abuse, institutional abuse, neglect, and/or institutional neglect, as well as any party to the proceedings or the person who requests custody or care of a minor, undergo a mental or physical exam pursuant to Rule 32 of the Rules of Civil Procedure of Puerto Rico.
History —Dec. 16, 2011, No. 246, § 47, eff. 90 days after Dec. 16, 2011.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 42 - Child Safety, Well-being, and Protection Act (§§ 1101 — 1206) › Subchapter IV - Judicial Proceedings (§§ 1141 — 1164) › § 1158 - Reports

Before ruling on any incident in a protection case, the court shall have a report before it including the minor’s information, his/her relatives, their circumstances, and any other information that shall allow the court to properly rule in the best interests of the minor.
In any judicial proceedings related to protection cases referred to in this chapter, the court shall consider social and medical expert reports as evidence.
Family Services Technicians and social workers of the Department, as well as experts and/or physicians who have treated or evaluated a minor, shall file their reports with the court and with the Advocate for Family Affairs within a period of at least ten (10) days prior to any scheduled hearing. Medical reports, as well as the social report, shall be confidential unless the court finds that there is just cause to disclose the information. The legal representatives of the parties shall be notified with copies of the reports for their examination on the same date they are submitted. Said reports shall be admitted into evidence pursuant to the provisions of the Rules of Evidence of Puerto Rico. The parties entitled to obtain copies 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.
History —Dec. 16, 2011, No. 246, § 48, eff. 90 days after Dec. 16, 2011.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 42 - Child Safety, Well-being, and Protection Act (§§ 1101 — 1206) › Subchapter IV - Judicial Proceedings (§§ 1141 — 1164) › § 1160 - Reasonable efforts in cases of abuse or neglect and domestic violence

In situations of domestic violence in which the victim is not the perpetrator of the child abuse, the provisions of this chapter shall not be construed to entail the removal of minors from their home without first making a reasonable effort for their protection, as well as that of the persons undergoing domestic violence.
When intervening in cases of abuse or neglect where a pattern of domestic violence has also been identified, technicians, case or social workers, or other aid professionals in charge of investigating and addressing situations of abuse, together with their supervisor and making use of their professional criteria in the screening process, must provide and coordinate protective and support services for surviving victims of domestic violence, such as helping to place them in a shelter, contacting the police, obtaining a protection order, advising them of their rights, making an effort to remove the aggressor from the home, among other measures. The victim must also be made aware of the impact of violence on children.
After giving the victims the opportunity to understand all their options and all the services available to them, the appropriate actions shall be taken, so that the aggressor stays away from his/her victims and assumes the responsibility for his/her violent behavior. These actions shall be taken as part of the efforts needed to protect the victims. 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/her rights and options, including his/her right to be represented by an attorney during the entire process.
History —Dec. 16, 2011, No. 246, § 50, eff. 90 days after Dec. 16, 2011.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 42 - Child Safety, Well-being, and Protection Act (§§ 1101 — 1206) › Subchapter IV - Judicial Proceedings (§§ 1141 — 1164) › § 1161 - Termination, restriction, and suspension of parental rights

In any proceedings 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 this title are present, the Department may petition for the termination, restriction, or suspension of the parental rights of the father or mother of minors under de jure or de facto custody of the Department through a written motion without having to initiate a termination suit. In such cases, it shall be mandatory to hold a hearing within a term not to exceed fifteen (15) days from the notice of the petition for termination, restriction, or suspension of parental rights. In said petition, the parties shall be notified of their right to legal counsel. The father and/or mother may waive parental rights without being represented by each counsel. For the termination, restriction, or suspension of parental rights when the petition filed during proceedings on child abuse or neglect initiated by virtue of this chapter, it shall not be necessary to meet the requirement for summons as provided in the Rules of Civil Procedure of Puerto Rico.
History —Dec. 16, 2011, No. 246, § 51, eff. 90 days after Dec. 16, 2011.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 42 - Child Safety, Well-being, and Protection Act (§§ 1101 — 1206) › Subchapter IV - Judicial Proceedings (§§ 1141 — 1164) › § 1162 - Petition for termination of parental rights

The Department may initiate proceedings for the termination, restriction, or suspension of parental rights under any of the following circumstances:
(a) When a minor has remained in a foster home for six (6) months, provided that the Department has rendered the services according to the established permanency plan so that the minor may return to his/her home.
(b) When the court has determined, in accordance with the provisions of this chapter, that reasonable efforts are not in order and, thus, rules that reunification services shall not be rendered.
(c) When the court determines that the father and/or mother is unwilling or unable to assume responsibility and protect the minor from risks to his/her health and physical, mental, emotional and/or sexual integrity, and these circumstances will not change within a period of six (6) months after initiating proceedings, according to the evidence presented in the case.
(d) When the court determines that the father and/or mother has not made efforts in good faith to rehabilitate him/herself and be reunified with the minor.
(e) When any of the reasons in our code of laws for which parental rights can be terminated, restricted, or suspended is present.
(f) When the minor has been abandoned, as evidenced by any of the following circumstances:
(1) The father or mother has not communicated with the minor for a period of at least three (3) months.
(2) The father or mother has not participated in any plan or program designed to reunify him/her with the minor after the Department has made the necessary arrangements for their participation by making use of its internal resources and/or the services of other external agencies.
(3) The father or mother fails to appear at the hearings for the protection of the minor.
(4) The minor is found in circumstances that make it impossible to ascertain the identity of his/her father or mother, or when his/her identity is known, but their whereabouts are unknown in spite of the efforts made to locate them; and the father or mother fails to claim the minor within thirty (30) days after such minor was found.
The Department shall not need to file a petition for termination of parental rights if it decides to place the minor with a relative, or if it informs the court that termination of parental rights is not in the best interests of the minor.
The Department may file the petition for termination of parental rights during protection proceedings without the need to initiate additional proceedings.
History —Dec. 16, 2011, No. 246, § 52, eff. 90 days after Dec. 16, 2011.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 42 - Child Safety, Well-being, and Protection Act (§§ 1101 — 1206) › Subchapter IV - Judicial Proceedings (§§ 1141 — 1164) › § 1163 - Contents of the petition

A petition for termination of parental rights must be made under oath and shall include at least the following:
(a) Name, date, and place of birth, if known, of the minor.
(b) Name and address of the petitioner.
(c) Name and place of residence, if known, of each of the parents of the minor.
(d) Name and address of the minor’s guardian in protection or adoption proceedings.
(e) A brief statement of the facts that the petitioner deems are sufficient grounds to petition for termination of parental rights.
(f) Consequences of the termination order.
The court shall set a date for the termination of parental rights hearing within ten (10) days as of the filing of the petition, which hearing shall not be suspended except for just cause. Furthermore, at the time the petition is filed, the parties shall be notified of their right not to be deprived of their parental rights without being assisted by legal counsel. If the respondent fails to appear or fails to justify his/her failure to appear, the court shall find him/her in contempt and may pronounce judgment without further summons or hearing. Moreover, the proceedings for termination of parental rights may be held 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 is final and binding, the Department may immediately initiate the adoption process.
The father and/or mother may voluntarily waive their parental rights over the minor without being represented by legal counsel. Consent shall be given in writing, willingly and voluntarily, and in court for the judge’s verification. The judge shall advice of the consequences of an order to waive parental rights.
History —Dec. 16, 2011, No. 246, § 53, eff. 90 days after Dec. 16, 2011.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 42 - Child Safety, Well-being, and Protection Act (§§ 1101 — 1206) › Subchapter IV - Judicial Proceedings (§§ 1141 — 1164) › § 1164 - Appeals

Any of the parties may file an appeal before the Puerto Rico Court of Appeals in their corresponding judicial region to request a review of the ruling to terminate parental rights issued by the Court of First Instance. The appeal must be filed within thirty (30) days following the decision of the court. However, filing an appeal shall not render ineffective the determination of the Court of First Instance.
History —Dec. 16, 2011, No. 246, § 54, eff. 90 days after Dec. 16, 2011.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 42 - Child Safety, Well-being, and Protection Act (§§ 1101 — 1206) › Subchapter V - Civil and Criminal Provisions (§§ 1171 — 1178) › § 1171 - Cause of action to claim damages against any person who affects the employment conditions of persons reporting abuse

Any person who considers that his/her employment conditions or status have been affected for having met with his/her 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 such effect, any personnel transaction or change that adversely affects the status or conditions of employment of a person reporting abuse, such as dismissal; termination; involuntary transfer; reductions in pay, benefits, or privileges of employment; or negative evaluations at the same time 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 who made the report.
History —Dec. 16, 2011, No. 246, § 55, eff. 90 days after Dec. 16, 2011.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 42 - Child Safety, Well-being, and Protection Act (§§ 1101 — 1206) › Subchapter V - Civil and Criminal Provisions (§§ 1171 — 1178) › § 1172 - Penalty

Any person, official, or public or private institution under the obligation to furnish information and who voluntarily and knowingly fails to meet 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 knowingly furnishes false information or advises another person to do so, shall be guilty of a fourth degree felony and, upon conviction, be punished by the penalty set forth in the Penal Code for this offense. 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, parent-child relations, and parental rights shall be referred by the competent authority to the Department of Justice for evaluation and subsequent prosecution, if applicable.
History —Dec. 16, 2011, No. 246, § 56, eff. 90 days after Dec. 16, 2011.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 42 - Child Safety, Well-being, and Protection Act (§§ 1101 — 1206) › Subchapter V - Civil and Criminal Provisions (§§ 1171 — 1178) › § 1173 - 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 proceedings carried out under this chapter, or provided or obtained in a judicial hearing, shall be guilty of a misdemeanor and, upon conviction, be punished by a fine of at least five hundred dollars ($500), but not more than five thousand dollars ($5,000), or by a maximum term of six (6) months of imprisonment, or both penalties, at the discretion of the court.
History —Dec. 16, 2011, No. 246, § 57, eff. 90 days after Dec. 16, 2011.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 42 - Child Safety, Well-being, and Protection Act (§§ 1101 — 1206) › Subchapter V - Civil and Criminal Provisions (§§ 1171 — 1178) › § 1175 - Neglect

Any father, mother, or person responsible for the well-being of a minor who, through the commission or omission of an act, causes harm to a minor or endangers his/her health or physical, mental, or emotional integrity shall be punished by imprisonment for a fixed term of two (2) years, or by a fine of at least five thousand dollars ($5,000) but not more than eight thousand dollars ($8,000), or both penalties, at the discretion of the court.
Should there be aggravating circumstances, the fixed penalty herein established may be increased to a maximum of three (3) years; should there be mitigating circumstances, the fixed penalty may be reduced to a minimum of one (1) year. The neglect referred to in this section may take the form of repetitive conduct, an isolated incident, or an imprudent omission caused by the lack of appropriate care that results in physical, mental, or emotional injury, or puts the minor at a substantial risk of death.
When the conduct classified in the preceding paragraph is the result of a pattern of negligent behavior that causes harm or endangers the minor’s health and physical, mental, or emotional integrity, it shall be punished by imprisonment for a fixed term of four (4) years, or by a fine of at least eight thousand dollars ($8,000), but not 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 to a maximum of six (6) years; should there be mitigating circumstances, the fixed penalty may be reduced to a minimum of two (2) years.
History —Dec. 16, 2011, No. 246, § 59, eff. 90 days after Dec. 16, 2011.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 42 - Child Safety, Well-being, and Protection Act (§§ 1101 — 1206) › Subchapter V - Civil and Criminal Provisions (§§ 1171 — 1178) › § 1176 - Failure to comply with orders in cases of institutional abuse or institutional neglect

Any deliberate violation of an order issued pursuant to §§ 1191—1193 of this title, 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 —Dec. 16, 2011, No. 246, § 60, eff. 90 days after Dec. 16, 2011.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 42 - Child Safety, Well-being, and Protection Act (§§ 1101 — 1206) › Subchapter V - Civil and Criminal Provisions (§§ 1171 — 1178) › § 1177 - Fines

The money collected from fines shall be transferred to the Trust for the Prevention of Abuse and the Protection of Minors.
History —Dec. 16, 2011, No. 246, § 61, eff. 90 days after Dec. 16, 2011.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 42 - Child Safety, Well-being, and Protection Act (§§ 1101 — 1206) › Subchapter V - Civil and Criminal Provisions (§§ 1171 — 1178) › § 1178 - Prohibitions

No conviction under this chapter may be used to initiate eviction proceedings against a family enjoying the benefits of a government housing program until all remedies provided in this chapter related to reasonable efforts have been exhausted.
History —Dec. 16, 2011, No. 246, § 62, eff. 90 days after Dec. 16, 2011.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 42 - Child Safety, Well-being, and Protection Act (§§ 1101 — 1206) › Subchapter VI - Protection Orders (§§ 1181 — 1188) › § 1181 - Persons authorized to request protection orders for minors

The father or mother, school principal, teacher, law enforcement officer, the Advocate for the Protection of Minors or the Advocate for Family Affairs, 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 petition 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 —Dec. 16, 2011, No. 246, § 63, eff. 90 days after Dec. 16, 2011.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 42 - Child Safety, Well-being, and Protection Act (§§ 1101 — 1206) › Subchapter VI - Protection Orders (§§ 1181 — 1188) › § 1182 - Procedure for issuing protection orders

The procedure to obtain a protection order may be initiated by filing an oral or written petition, as part of any pending custody or termination of parental rights case, or as part of any proceedings under this chapter.
The order may also be issued at the request of the Advocate for Family Affairs, the Advocate for the Protection of Minors, or any prosecutor in criminal proceedings, or as a condition for probation or conditional release.
To facilitate the process for obtaining a Protection Order under this chapter, the Courts Administration shall have simple forms to petition and process such order available at the Office of the Clerk of the Courts of Puerto Rico. Likewise, it shall provide any assistance and information necessary to fill out and file said Orders.
Once the petition for a Protection Order is filed, 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 made pursuant to the Rules of Civil Procedure and shall be served by a marshal, law enforcement officer, any person 18 years or older who is not a party to the case, or pursuant to the procedure set forth in the Rules of Civil Procedure, within a term not to exceed twenty-four (24) hours after being filed. 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 be punishable pursuant to the law.
History —Dec. 16, 2011, No. 246, § 64, eff. 90 days after Dec. 16, 2011.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 42 - Child Safety, Well-being, and Protection Act (§§ 1101 — 1206) › Subchapter VI - Protection Orders (§§ 1181 — 1188) › § 1183 - Issuance of protection orders

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 either been or is at risk of being the victim of abuse or neglect. Without the following being construed as a limitation, the order shall include:
(a) Award temporary custody of the abused minors, or those at imminent risk of being abused, to the petitioner, the Department of the Family, or the closest relative who guarantees such minors” well-being and safety.
(b) Order the respondent, if he/she has custody of the minors, to move out of the house he/she shares with them, regardless of the right said respondent may claim thereto.
(c) Order the respondent to refrain from bothering, harassing, stalking, intimidating, threatening, or otherwise interfering with the exercise of temporary custody over the minors that has been awarded to the petitioner or to the closest relative to 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, such restriction is needed to prevent the respondent from abusing, bothering, intimidating, 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 the respondent has been ordered to move out, or to pay child support for the minors if he/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/her abusive or neglectful behavior toward the minors.
(g) Order the respondent to pay for the programs or treatment that he/she needs to receive, or that the minors who are victims of abuse or neglect must receive.
(h) Issue any order needed to enforce the purposes and public policy set forth this chapter.
History —Dec. 16, 2011, No. 246, § 65, eff. 90 days after Dec. 16, 2011.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 42 - Child Safety, Well-being, and Protection Act (§§ 1101 — 1206) › Subchapter VI - Protection Orders (§§ 1181 — 1188) › § 1184 - 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 filed therewith, and these efforts have not been successful, or
(b) there is a probability 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 substantial likelihood of immediate risk of abuse.
Whenever the court issues an ex parte protection order, it shall do so provisionally, shall notify the respondent immediately with a copy thereof or through any other means, and give the respondent the opportunity to object thereto.
To such effect, the court shall schedule a hearing to be held within five (5) days following the issuance of the ex parte order, unless the respondent requests an extension. During this hearing, the court may render the order ineffective or extend the effects thereof for the period it deems necessary.
History —Dec. 16, 2011, No. 246, § 66, eff. 90 days after Dec. 16, 2011.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 42 - Child Safety, Well-being, and Protection Act (§§ 1101 — 1206) › Subchapter VI - Protection Orders (§§ 1181 — 1188) › § 1185 - Content of protection orders

All protection orders must specifically indicate the orders issued by the court, the remedies dictated, and the time for which it shall be in effect. 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.
Any ex parte protection order must include the date and time it was issued, state the date, time, and place where the hearing shall be held for the extension or annulment thereof, and the reasons that made it necessary to issue such ex parte order.
History —Dec. 16, 2011, No. 246, § 67, eff. 90 days after Dec. 16, 2011.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 42 - Child Safety, Well-being, and Protection Act (§§ 1101 — 1206) › Subchapter VI - Protection Orders (§§ 1181 — 1188) › § 1186 - Notice to parties and law enforcement agencies

(a) A copy of every protection order shall be filed with the Office of the Clerk of Court that issues the same. The Office of the Clerk of Court shall provide a copy thereof at the request of the parties or of any other interested party. The father, mother, or person responsible for the minor, the local office of the Department, the Office of Family Advocates assigned to the corresponding judicial region, the Advocate for Family Affairs, the Family or Juvenile Court of the Court of First Instance, and the police station closest to the home of the minor shall also be notified simultaneously within twenty-four (24) hours of 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 officer, any person 18 years or older who is not a party to the case, or pursuant to the procedure established in the Rules of Civil Procedure.
(c) The Office of the Clerk of Court shall remit a copy of the orders issued under this chapter to the office of the Police in charge of keeping 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. In cases in which said order provides for the payment of child support, a copy thereof shall be sent to the Child Support Administration.
History —Dec. 16, 2011, No. 246, § 68, eff. 90 days after Dec. 16, 2011.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 42 - Child Safety, Well-being, and Protection Act (§§ 1101 — 1206) › Subchapter VI - Protection Orders (§§ 1181 — 1188) › § 1187 - Failure to comply with a protection order

Failure to comply with a protection order issued by virtue of this chapter shall constitute a fourth degree felony and be penalized accordingly.
Notwithstanding the provisions of Rule 11 of the Rules of Criminal Procedure, as amended, even if there were 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; also, if they determine that said order exists after contacting the corresponding authorities and there are substantiated reasons to believe that the provisions of such protection order have been violated.
History —Dec. 16, 2011, No. 246, § 69, eff. 90 days after Dec. 16, 2011.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 42 - Child Safety, Well-being, and Protection Act (§§ 1101 — 1206) › Subchapter VI - Protection Orders (§§ 1181 — 1188) › § 1188 - Forms

The Office of Courts Administration shall provide the protection order forms, which shall allow for including, at least, the information of the parties, the allegations, and the court’s determination. The Office of Courts Administration may modify said forms when deemed convenient for the purposes of this chapter.
History —Dec. 16, 2011, No. 246, § 70, eff. 90 days after Dec. 16, 2011.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 42 - Child Safety, Well-being, and Protection Act (§§ 1101 — 1206) › Subchapter VII - Institutional Abuse and/or Institutional Neglect (§§ 1191 — 1197) › § 1191 - Reports on institutional abuse and institutional neglect

Reports on institutional abuse and institutional neglect shall be made by the Department of the Family. However, the Department of Justice shall be the government entity responsible for conducting the corresponding investigation when institutional abuse and institutional neglect occur or are suspected of occurring in an institution that provides shelter or services, treatment, or detention of minors who are offenders, pursuant to §§ 2201 et seq. of Title 34, as amended.
The Department of Justice shall establish the procedures for investigating cases of institutional abuse and institutional neglect brought to its attention. It shall also provide mechanisms to submit the data required to prepare the Annual State 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 —Dec. 16, 2011, No. 246, § 71, eff. 90 days after Dec. 16, 2011.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 42 - Child Safety, Well-being, and Protection Act (§§ 1101 — 1206) › Subchapter VII - Institutional Abuse and/or Institutional Neglect (§§ 1191 — 1197) › § 1192 - Petition for remedy to investigate institutional abuse or institutional neglect referrals

At any time during the investigation of an institutional abuse or institutional neglect referral, the official designated by the Department who is prevented from doing his/her job 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 prevented him/her from doing his/her job, document the existence of a referral that justifies his/her intervention, and request an ex parte order against the respondent public, private, or privatized agency or subject of the referral, providing the following:
(a) An order to allow access to inspect the facilities and review the files of minors who are or have been in the institution, as well as documents related to the operation of the entity.
(b) An order to allow interviewing 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 who had 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 controlled substance detection tests or to psychological or psychiatric evaluations.
(e) An order to produce documents and/or belongings of the minor.
(f) Any order that allows gathering the information needed to evaluate the circumstances of the alleged institutional abuse or institutional neglect.
The order issued shall remain in effect until the investigation is concluded or until it is determined during the process that it is no longer necessary.
History —Dec. 16, 2011, No. 246, § 72, eff. 90 days after Dec. 16, 2011.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 42 - Child Safety, Well-being, and Protection Act (§§ 1101 — 1206) › Subchapter VII - Institutional Abuse and/or Institutional Neglect (§§ 1191 — 1197) › § 1194 - Remedies; institutional abuse, and/or institutional neglect

At any stage of the proceedings where 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 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 him/her.
(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 is considered to be at risk.
(d) Order that the requested treatment or required services be provided.
(e) Order the institution to desist from the actions that pose a risk to the health, safety, and well-being of the minors it is in charge of.
(f) Order the institution to take or carry out all the necessary steps to guarantee the health, safety, and well-being 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 necessary to guarantee the well-being of the minors.
(j) Order any public agency charged with the accreditation of, or with the authority for granting a license to the respondent institution or agency, to cancel or deny such accreditation or license.
(k) Order the appearance of any public, private, or privatized agency whose intervention is necessary to address the need for protecting the minor or minors that are object of the petition.
(l) Issue any order needed to enforce the purposes and public policy established in this Act.
It is hereby provided that the remedies listed in subsections (a), (b), (g), (h) and (j) of this section shall not be available in cases where the Department of Justice is the petitioning party.
History —Dec. 16, 2011, No. 246, § 74, eff. 90 days after Dec. 16, 2011.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 42 - Child Safety, Well-being, and Protection Act (§§ 1101 — 1206) › Subchapter VII - Institutional Abuse and/or Institutional Neglect (§§ 1191 — 1197) › § 1195 - Subsequent proceedings in emergency cases of institutional abuse and/or institutional neglect

Whenever emergency proceedings are 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 alleged facts.
(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 a statement about 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 failing to appear at the hearing shall prompt the court to find the party in contempt and enter the corresponding remedy to ensure the health, safety, and well-being of the minor or minors in the custody, supervision, or care of the respondent institution without further summons or hearing.
(f) A warning that noncompliance with the orders of the court by the respondent institution constitutes contempt, which may entail the imposition of penalties, the permanent closing of the institution, and an order to the Department, the Department of Justice, or other agency involved to suspend or revoke the corresponding license or accreditation, as well as the ratification of any orders issued at any stage of the proceedings.
History —Dec. 16, 2011, No. 246, § 75, eff. 90 days after Dec. 16, 2011.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 42 - Child Safety, Well-being, and Protection Act (§§ 1101 — 1206) › Subchapter VII - Institutional Abuse and/or Institutional Neglect (§§ 1191 — 1197) › § 1196 - 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 addressing the circumstances that led 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 —Dec. 16, 2011, No. 246, § 76, eff. 90 days after Dec. 16, 2011.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 42 - Child Safety, Well-being, and Protection Act (§§ 1101 — 1206) › Subchapter VII - Institutional Abuse and/or Institutional Neglect (§§ 1191 — 1197) › § 1197 - Final disposition hearing

The court shall hold a final disposition hearing of the case within a term that shall not exceed six (6) months from the date of notification, as provided in § 1152 of this title. In any case decided pursuant to the provisions of this chapter, the court shall rule in favor of the best interests of the minor, according to the public policy established herein.
History —Dec. 16, 2011, No. 246, § 77, eff. 90 days after Dec. 16, 2011.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 42 - Child Safety, Well-being, and Protection Act (§§ 1101 — 1206) › Subchapter VIII - Special Provisions (§§ 1201 — 1206) › § 1201 - Comprehensive child well-being and protection plan

Every two years, the Department shall prepare a Comprehensive Child Well-being and Protection Plan to serve as a guide for the implementation of the public policy established in this chapter. The plan shall reflect the progress in the implementation of the act and shall be prepared after multi-sector consultation with the government, nongovernmental, and private entities required to comply with the act. A copy of the plan shall be submitted to the Legislative Assembly 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 —Dec. 16, 2011, No. 246, § 78, eff. 90 days after Dec. 16, 2011.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 42 - Child Safety, Well-being, and Protection Act (§§ 1101 — 1206) › Subchapter VIII - Special Provisions (§§ 1201 — 1206) › § 1202 - Reports

The Department shall prepare and submit an annual report to the Governor and the Legislative Assembly on the prevention of and treatment in situations of abuse, institutional abuse, neglect, and institutional neglect not later than June 1st of each year. The Legislative Assembly shall remit a copy of said report to the College of Social Work Professionals of Puerto Rico and to any other agency, institution, or person that so requests.
History —Dec. 16, 2011, No. 246, § 79, eff. 90 days after Dec. 16, 2011.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 42 - Child Safety, Well-being, and Protection Act (§§ 1101 — 1206) › Subchapter VIII - Special Provisions (§§ 1201 — 1206) › § 1203 - Rulemaking authority

The Department shall adopt rules and regulations as are necessary to implement this Act pursuant to the provisions of §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act of the Commonwealth of Rico,” not later than one hundred eighty (180) days after the effective date of this act.
History —Dec. 16, 2011, No. 246, § 80, eff. 90 days after Dec. 16, 2011.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 42 - Child Safety, Well-being, and Protection Act (§§ 1101 — 1206) › Subchapter VIII - Special Provisions (§§ 1201 — 1206) › § 1204 - Transitory provision

The regulations of the Department shall remain in effect until new regulations are approved.
History —Dec. 16, 2011, No. 246, § 81, eff. 90 days after Dec. 16, 2011.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 42 - Child Safety, Well-being, and Protection Act (§§ 1101 — 1206) › Subchapter VIII - Special Provisions (§§ 1201 — 1206) › § 1205 - Authority to contract

The Secretary of the Family shall have the necessary and convenient powers and authority to enforce the provisions and achieve the purposes of this chapter. He/she may enter into contracts, reach agreements, and coordinate with government and nongovernmental agencies and entities, the Judicial Branch, and with any other public and private institution.
History —Dec. 16, 2011, No. 246, § 82, eff. 90 days after Dec. 16, 2011.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 42 - Child Safety, Well-being, and Protection Act (§§ 1101 — 1206) › Subchapter VIII - Special Provisions (§§ 1201 — 1206) › § 1206 - Construction

The provisions of this chapter shall be construed in favor of the protection, well-being, safety, and best interests of the minor.
History —Dec. 16, 2011, No. 246, § 83, eff. 90 days after Dec. 16, 2011.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 46 - Uniform Interstate Family Support Act (§§ 1291 — 1422) › Subchapter I - General Provisions (§§ 1291 — 1294) › § 1292 - State tribunal and support enforcement agency

(a) The Administration for Child Support (ASUME) and the General Court of Justice are the tribunals of Puerto Rico.
(b) ASUME is the support enforcement agency of Puerto Rico
History —July 2, 2015, No. 103, § 103.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 46 - Uniform Interstate Family Support Act (§§ 1291 — 1422) › Subchapter I - General Provisions (§§ 1291 — 1294) › § 1293 - Remedies cumulative

(a) Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law, or the recognition of a foreign support order on the basis of comity.
(b) This chapter does not:
(1) Provide the exclusive method of establishing or enforcing a support order under the law of Puerto Rico; or
(2) grant a tribunal of Puerto Rico jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under this chapter.
History —July 2, 2015, No. 103, § 104.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 46 - Uniform Interstate Family Support Act (§§ 1291 — 1422) › Subchapter I - General Provisions (§§ 1291 — 1294) › § 1294 - Application of chapter to resident of a foreign country and foreign support proceeding

(a) A tribunal of Puerto Rico shall apply §§ 1291—1386 of this title and, as applicable, §§ 1391—1403 of this title, to a support proceeding involving:
(1) A foreign support order;
(2) a foreign tribunal; or
(3) an obligee, obligor, or child residing in a foreign country.
(b) A tribunal of Puerto Rico that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of §§ 1291—1386 of this title.
(c) Sections 1391—1403 of this title applie only to a support proceeding under the Convention. In such a proceeding, if a provision of §§ 1391—1403 of this title are inconsistent with §§ 1291—1386 of this title, §§ 1391—1403 of this title control.
History —July 2, 2015, No. 103, § 105.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 46 - Uniform Interstate Family Support Act (§§ 1291 — 1422) › Subchapter II - Jurisdiction (§§ 1301 — 1311) › § 1301 - Bases for jurisdiction over nonresident

(a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of Puerto Rico may exercise personal jurisdiction over a nonresident individual or the individual’s guardian or conservator if:
(1) The individual is personally served or notified within Puerto Rico;
(2) the individual submits to the jurisdiction of Puerto Rico by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;
(3) the individual resided with the child in Puerto Rico;
(4) the individual resided in Puerto Rico and provided prenatal expenses or support for the child;
(5) the child resides in Puerto Rico as a result of the acts or directives of the individual;
(6) the individual engaged in sexual intercourse in Puerto Rico and the child may have been conceived by that act of intercourse;
(7) the individual asserted parentage in the Puerto Rico Vital Records maintained by the Department of Health of Puerto Rico; or
(8) there is any other basis consistent with the constitutions of Puerto Rico and the United States for the exercise of personal jurisdiction.
(b) The bases of personal jurisdiction set forth in subsection (a) of this section or in any other law of Puerto Rico may not be used to acquire personal jurisdiction for a tribunal of Puerto Rico to modify a child-support order of another state unless the requirements of § 1381 of this title are met, or, in the case of a foreign support order, unless the requirements of § 1385 of this title are met.
History —July 2, 2015, No. 103, § 201.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 46 - Uniform Interstate Family Support Act (§§ 1291 — 1422) › Subchapter II - Jurisdiction (§§ 1301 — 1311) › § 1302 - Duration of personal jurisdiction

Personal jurisdiction acquired by a tribunal of Puerto Rico in a proceeding under this chapter or other law of Puerto Rico relating to a support order continues as long as a tribunal of Puerto Rico has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by §§ 1305, 1306 and 1311 of this title.
History —July 2, 2015, No. 103, § 202.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 46 - Uniform Interstate Family Support Act (§§ 1291 — 1422) › Subchapter II - Jurisdiction (§§ 1301 — 1311) › § 1303 - Initiating and responding tribunal of state

Under this chapter, a tribunal of Puerto Rico may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or a foreign country.
History —July 2, 2015, No. 103, § 203.