P.R. Laws tit. 8, § 1159
After removing a minor from his/her home, the Department shall make reasonable efforts to reunify such minor with the family from which he/she was removed whenever feasible and if the safety, well-being, and best interest of the minor can be guaranteed. Personnel of the Department shall incorporate the support resources from individuals, the family, and the community, as well as the internal and external resources of the Department and other public and nongovernmental agencies, to improve the living conditions of the family that may endanger the life and safety of a minor.
In cases in which reasonable efforts must be made, the determination on the reasonability of such efforts shall be made by the court, taking into consideration whether the Department made a service plan available to the father, mother, or person responsible for the minor to address the specific needs identified, as well as the Department’s diligence in providing such services, and any other element that the court deems necessary.
After removing a minor from his/her home, reasonable efforts shall be made to reunify the minor with his/her family for a period that shall not exceed six (6) months. Moreover, support services shall continue once the minor is permanently placed.
Reasonable efforts shall not be made to reunify the minor with his/her father, mother, or person responsible for him/her if the following circumstances exist:
(a) If the efforts to change the behavior of the father, mother, or person responsible for the minor have not been successful after six (6) months of the initiation of the service plan, according to the evidence presented in the case.
(b) When a father, mother, or person responsible for a minor has stated that he/she has no interest in being reunified with the minor.
(c) When a healthcare professional certifies that the father, mother, or person responsible for the minor suffers from a mental disability or defect of such magnitude that it prevents him/her from benefiting from reunification services and will not be able to properly care for the minor.
(d) If the minor has been previously removed from his/her home and, after custody of the minor has been awarded to the father, mother, or person responsible for him/her, the minor, a sibling, or any other member of the family unit is once again removed for having been the victim of abuse and/or neglect.
(e) If parental rights over another of the parent’s children has been terminated and they have been unable to resolve the problems that led to such termination.
(f) If the father, mother, or person responsible for the minor engages in conduct that involves using the minor to commit a crime or in conduct(s) that, if criminally prosecuted, would constitute any of the following crimes: murder in the first or second degree; aggravated battery or mitigated aggravated battery; sexual assault; lewd acts; sex trafficking; production of child pornography; possession and distribution of child pornography; use of a minor for child pornography; sending, transporting, selling, distributing, publishing, exhibiting, or possessing obscene material; obscene shows and exposure of children to such crimes; kidnapping and aggravated kidnapping; abandonment of minors; child abduction; or child corruption, as classified in the Penal Code of Puerto Rico.
(g) If the father, mother, or person responsible for the minor is an accomplice, covers up, or conspires to commit one or several of the crimes listed in subsection (f) above, as classified in the Penal Code of Puerto Rico.
(h) If the father, mother, or person responsible for the minor engages in conduct that, if criminally prosecuted, would constitute aiding and abetting, attempting, conspiring for, soliciting, or prompting the commission of crimes that attempt against the health and physical, mental, or emotional integrity of such minor, as provided in the Penal Code of Puerto Rico;
(i) If the father, mother, or person responsible for the minor uses or prompts the child or youth to engage in conduct that, if criminally prosecuted, would constitute aiding and abetting, attempting, conspiring for, soliciting, or prompting the commission of crimes set forth in subsections (f) and (h) of this section.
(j) If the father, mother, or person responsible for the minor engages in obscene conduct, as defined in the Penal Code of Puerto Rico;
(k) When a healthcare professional certifies that the father, mother, or person responsible for the minor suffers from a chronic controlled substance abuse problem that prevents the return of the minor’s custody to him/her within a period of six (6) months after having initiated the procedures.
(l) Whenever it is determined that returning home is not in the best interest of the child or youth, or whenever the facts show that the home cannot guarantee the safety and protection or emotional stability thereof.
(m) When, in light of all the circumstances, the court determines that family reunification shall not be the best for the minor’s well-being.
In the cases of subsections (d) to (m), once the facts have been proven, the court shall have no discretion and shall grant a waiver of efforts to the Department.
In those cases in which the court determines that no reasonable efforts shall be made, a permanency hearing for the minor shall be held within fifteen (15) days following such decision.
History —Dec. 16, 2011, No. 246, § 49, eff. 90 days after Dec. 16, 2011.