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