P.R. Laws tit. 8, § 1152

2019-02-20 00:00:00+00
§ 1152. Final disposition hearing

The court shall hold a disposition hearing within a period that shall not exceed six (6) months after having awarded temporary custody of the child. This term may only be extended once, for an additional six (6) months, when causes that justify it exist and is in the best interest and well-being of the child.

Every decision providing the return of the child to his/her home must be supported by a report prepared by a social worker, psychologist, or psychiatrist duly licensed in Puerto Rico, or a case worker trained in child protective services. The Department shall be responsible for submitting a report to the court’s consideration in every final disposition hearing, which report shall comply with the provisions of this section. If the child’s return to his/her home is recommended, the report shall reasonably conclude that the conditions of risk that were present at the time of said child’s removal no longer exist and, thus, his/her return does not endanger the well-being, health, or physical, mental, emotional, or sexual integrity of the child. However, in those cases in which the court lacks such report, it may rule for the return of the child to the home from where he/she was removed if, upon evaluation of the evidence available, it can determine that his/her return does not constitute a risk to his/her safety and best interests.

In those cases in which the court determines that it is not advisable to return the child to the home from where he/she was removed, or to another relative’s home according to precedence, custody shall be awarded to the Department, or a proceeding may be initiated for termination of parental rights pursuant to the provisions set forth in this chapter. The court shall also make any other necessary determination for the child’s safety, taking his/her best interest into consideration.

History —Dec. 16, 2011, No. 246, § 42, eff. 90 days after Dec. 16, 2011.