P.R. Laws tit. 8, § 1149

2019-02-20 00:00:00+00
§ 1149. Custody ratification hearing

Within fifteen (15) days after the Municipal Court grants emergency custody to the Department of the Family, the Family Court of the Court of First Instance shall hold a ratification hearing.

For cases in which the petition for custody has been denied, the ratification hearing shall be held within five (5) days as of the date in which the interested party requested the hearing.

If, after considering the evidence introduced during the hearing, the court finds that the circumstances that caused the removal and award of emergency custody still exist, or that there are other conditions that require said action, it may award temporary legal custody to the Department. In this case, since this is an administrative determination, physical custody shall be assigned to the person designated by the Department by order of precedence.

In those cases in which the Department notifies that it shall seek a waiver of efforts for reunification, the court may hold the waiver of reasonable efforts hearing jointly with the custody ratification adjudication hearing.

History —Dec. 16, 2011, No. 246, § 39, eff. 90 days after Dec. 16, 2011.