P.R. Laws tit. 8, § 447k

2019-02-20 00:00:00+00
§ 447k. Final ruling hearing

The court must hold a ruling hearing within a period that shall not exceed twelve (12) months after having awarded temporary custody of the minor. In the cases of minors under the responsibility of the Department with a permanency plan established prior to the approval of this act, the final disposition hearing of the permanency plan shall be held within a period not to exceed six (6) months after the approval thereof.

Every decision that provides for the return of the minor to his or her home must be supported by a report prepared by a social worker, psychologist, or psychiatrist, duly licensed in Puerto Rico, or a caseworker trained in protective services for minors. The Department shall be responsible for submitting a report for the consideration of the court that complies with the provisions of this section in all final disposition hearings. If the minor’s return to his or her home is recommended, the report must reasonably conclude that the conditions of risk that were present at the time of the minor’s removal no longer pose a risk to the wellbeing, health, or physical, mental, emotional or sexual integrity of the minor. However, if the court should not have such a report, it may find for the return of the minor to the home if, upon evaluation of the evidence available at the time, it determines that said action does not jeopardize the safety and contributes to the wellbeing of the minor. If the Department fails to submit the aforementioned report, the court may impose penalties or summon the Department to a contempt hearing, as the case may be.

In those cases in which, after having made a reasonable effort, the court determines that it is not advisable to return the minor to the home of his or her father, mother, or person responsible for him or her, or to another home, the court may grant custody to the Department, or a proceeding may be initiated for termination of patria potestas pursuant to the provisions set forth in this chapter.

History —Aug. 1, 2003, No. 177, § 42; Sept. 16, 2004, No. 356, § 3; Dec. 18, 2009, No. 186, § 26, eff. 30 days after Dec. 18, 2009.