P.R. Laws tit. 8, § 1193
Any relative or interested party, as well as any physician, teacher, officer of the institution where the minor is found or undergoing treatment, or social worker or Family Services Technician of the Department shall report such fact to the Department’s Abuse Hotline, the Puerto Rico Police Department, or the local office of the Department, so that, after the corresponding investigation, the emergency procedure provided in this subsection may be initiated.
When, in light of the investigation carried out by the Department or by the Department of Justice, it is determined that there is a situation of institutional abuse and/or institutional neglect which endangers the health, safety, and well-being of a minor, the Department’s social worker or Family Services Technician, or any employee or official designated by the Department of Justice, shall appear before a judge to declare under oath, briefly and simply, using the form prepared for this purpose by the Office of Courts Administration, that the health, safety, and well-being of a particular minor is in danger if immediate action is not taken to protect him/her. Said technician, social worker, or employee or official designated by the Department of Justice shall clearly indicate the specific facts that serve as the grounds for requesting an emergency remedy.
In the event of an emergency situation in which a minor’s life or physical, mental, or emotional health is in imminent danger as a result of institutional abuse or institutional neglect, the father/mother, the person responsible for the minor, or the person required to report may appear before the court without the prior filing of a referral and petition for an emergency remedy to guarantee the minor’s health, safety, and well-being. In such cases, the court shall order the appearance of officials of the Department who, upon being notified of said petition, shall inform the Hotline for Situations of Abuse, Institutional Abuse, Neglect, and/or Institutional Neglect and initiate the corresponding investigation.
If, after evaluating the circumstances described in the petition and hearing the petitioner, the court deems it necessary to make an ex parte decision, it may order the temporary remedy that it deems most appropriate in the best interest of the minor and shall give notice of such temporary remedy to the parties summoned for the initial hearing.
Once a petition regarding institutional abuse and/or institutional neglect is filed, the court shall issue a summons for the initial hearing, and shall order the appearance of the parents of the child whose protection is being requested, the Department, the Advocate for Family Affairs, and any other officials of the respondents public, private, or privatized agencies within a period not to exceed five (5) days.
In the initial hearing, the judge shall issue a resolution or order determining whether any of the alternatives provided in § 1194 of this title is in order. The judge may also vacate any ex parte order issued, or extend its effects for the period he/she may deem necessary, or until the hearing provided in § 1195 of this title is held. In order to continue the proceedings, notice of the resolution or order shall be given simultaneously to the father, mother, or person responsible for the minor, the respondent institution, the local office of the Department, the Office of Family Advocates assigned to the corresponding judicial region, and the Family or Juvenile Court of the Court of First Instance within twenty-four (24) hours following the issuance of said resolution or order.
History —Dec. 16, 2011, No. 246, § 73, eff. 90 days after Dec. 16, 2011.