P.R. Laws tit. 8, § 446

2019-02-20 00:00:00+00
§ 446. Obligation to report

The following individuals and entities are under the obligation to report immediately those cases where there is actual or suspected abuse, institutional abuse, neglect, and/or institutional neglect of a minor:

(a) Professionals or public officials, public, private, and privatized entities which, in their professional capacity and in the performance of their duties, may learn of or come to suspect that a minor is, has been, or is at risk of becoming a victim of abuse, institutional abuse, neglect, and/or institutional neglect; professionals in the fields of health, the system of justice, education, social work, public order, persons who administer or work in caregiving institutions or centers that provide care services for twenty-four (24) hours a day or part thereof, or in rehabilitation institutions and centers for minors, or in foster homes; and all processors of film or photographs who have knowledge of or observe, in the performance of their professional responsibilities or employment, any motion picture, photograph, videotape, negative, or slide that depicts a minor involved in a sexual activity. They shall report that fact immediately through the hotline, to the Puerto Rico Police, or the local office of the Department. The information thus furnished, as well as the identity of the person who the information [sic] shall be kept strictly confidential. Any film, photograph, videotape, negative, or slide that depicts a minor involved in a sexual activity shall be delivered to the nearest station of the Puerto Rico Police.

Persons bound to furnish information as set forth in the preceding paragraph of this section shall subsequently fill out a form provided by the Department, which shall be sent to the central registry, established hereunder, not later than forty-eight (48) hours after having notified or referred the situation.

(b) Any person who has knowledge of or suspects that a minor is a victim of abuse, institutional abuse, neglect, and/or institutional neglect shall report that fact through the hotline of the Department, to the Puerto Rico Police, or to the local office of the Department, as provided in this chapter. The information thus furnished, as well as the identity of the person who reported the information shall be kept strictly confidential, except in the cases of unfounded reports in which false information has been knowingly provided.

(c) Persons bound to furnish information pursuant to this chapter, including technicians or social workers who provide protective services to minors, who have knowledge of or suspect that a minor has died as a result of abuse, institutional abuse, neglect, and/or institutional neglect, shall report the fact to the Puerto Rico Police and to the hotline of the Department as provided in this chapter, so that they will undertake the appropriate investigation.

Information provided in good faith by any persons, officials, or institutions bound to report situations of abuse, institutional abuse, neglect, and/or institutional neglect of minors, as set forth in this chapter, may not be used against them in any civil or criminal procedure that may be initiated as a result of said action. Nor may the information so reported by school and hospital employees and by law enforcement officers, who are obliged to allow the Department’s intervention pursuant to the provisions of this section, be used against them.

History —Aug. 1, 2003, No. 177, § 21; Sept. 29, 2004, No. 510, § 7.