P.R. Laws tit. 8, § 1070

2019-02-20 00:00:00+00
§ 1070. Adoption proceedings for minors released from parental rights

In cases in which a minor has been released from parental rights, whether through the regular procedure in cases of abuse under Act No. 177 of August 1, 2003, as amended, known as the “Comprehensive Child Well-being and Protection Act”, or any subsequent law, or through the voluntary surrender of custody and parental rights procedure established in § 1069 of this title, the Department may institute proceedings before the court for the adoption of the minor, subject to compliance with procedural guarantees as necessary in order for such minor to be placed in an adoptive home duly credited by the Department, as soon as practicable.

Foster homes and/or temporary homes shall not be entitled to participate in any manner whatsoever or to be heard in the adoption proceedings. It is further provided that the fact of being a foster or temporary home does not grant the same preference at the time of the adoption. No person acting as a foster home may claim preferential right for adoption, except for those cases in which the temporary home has a blood relationship up to a third degree with the minor. In these cases, the home must be in strict compliance with the provisions of law and regulatory provisions of the Department of the Family if there is an interest in adopting the minor.

The matching of parents and judicial petitions for the adoption of children that in one way or another are under the custody of the State shall be the exclusive responsibility of the Department of the Family, which shall do so in accordance with its internal procedures and with absolute discretion.

The Department shall regulate and issue policies as are necessary to guarantee expeditiousness in such transactions and in keeping with the best interests of the minor.

History —Dec. 18, 2009, No. 186, § 21; Dec. 16, 2011, No. 247, § 7.