P.R. Laws tit. 8, § 447i
Any relative or interested party, as well as the physician or official of the hospital where the minor is hospitalized or receiving treatment, or a social worker or family services technician of the Department, may petition the court for an order to authorize essential medical treatment for said minor when the father, mother, or person responsible for the minor refuses to give his or her consent for such treatment. If the petition is made by someone other that the minor’s physician, it must be accompanied by a certificate from the physician who will provide the treatment to the minor, which shall include a brief description of the treatment, and the need and urgency to provide the same. The physician shall be available for questioning by the court.
In any protection case in which the court grants custody of the minor to the Department or to any other entity, the Department shall have the power to authorize medical treatment and/or surgical procedures needed by the minor only in emergency cases. The Department shall also have the power to make decisions or authorize the performance of any act that will benefit the minor, such as, for example, granting permission for the minor to leave Puerto Rico on vacation or to participate in sports, recreational, or educational activities. When the medical treatment and/or surgical procedures do not constitute an emergency, the Department shall make a reasonable effort to contact the father and/or mother with patria potestas or tutor duly authorized by a court, or shall request judicial authorization of the court for the treatment or activity involved.
History —Aug. 1, 2003, No. 177, § 40; Sept. 16, 2004, No. 356, § 1.