P.R. Laws tit. 8, § 447s
Except as provided below in this section, reasonable efforts shall be made to ensure the wellbeing and full protection of the minor and to preserve the integrity of the family prior to the removal of a minor from his/her home. The family reunification process shall be carried out insofar as it is not inconsistent with or detrimental to the wellbeing of the minor. Personnel of the Department shall incorporate the support resources of individuals, families, and the community to internal and external resources of the Department and other public and non- governmental agencies, to improve the living conditions of families that may endanger the life and safety of a minor. After removing a minor from his/her home, reasonable efforts shall be made to reunite the minor with his/her family for a period that shall not exceed six (6) months. This term shall be strictly observed and may only be extended for just cause at the discretion of the judge. Moreover, support services shall continue to be rendered once the minor is permanently placed.
(1) The following criteria shall be used to conclude whether or not a reasonable efforts have been made:
(a) Services offered or provided by the Department.
(b) Diligence of the agency in making the services available or accessible to the father, mother, or person responsible for the minor’s wellbeing.
(c) Previous attempts made by the agency to intervene or provide services.
(d) Reasons why other services or efforts to keep the minor in his or her home were unsuccessful.
(e) Establishment of the permanency plan immediately after removal.
(f) Offer of support services to facilitate the willingness of the family to receive the services to which they were referred.
(g) Follow-up on the referrals made, for the minors and for the father and/or mother.
(h) Discussion of the service plan with the family, provision of a copy thereof, and follow-up.
(i) Accessibility to the coordinated services for the family.
(j) Visitation plan set up for the father/mother and the minor.
(k) Time provided to comply with the service plan.
(l) Evaluation of measures taken by the father, mother, or person responsible for the minor to protect him or her from abuse.
(m) Make it feasible for the father, mother, or person responsible for the minor to access specialized services to deal with situations that put the safety of the minors at risk.
(n) Allow for the active participation of the family in the development of the service plan.
(o) Interagency coordination in providing the services identified to attend to the protection and safety of minors.
(2) No reasonable efforts shall be made prior to the removal of a minor from his or her home under the following circumstances:
(a) If a father, mother, or person responsible for the minor suffers from some mental disability or defect, as determined by a health care professional, and the condition is irreversible and of such a magnitude that it prevents the person from caring properly for the minor and ensuring his or her safety and physical, mental, emotional and/or sexual integrity.
(b) If the minor has been previously removed from the home and after custody of the minor has been adjudicated to the father, mother, or person responsible for the minor, he or she is again made a victim of abuse, sexual abuse, and/or neglect.
(c) If the parents have been deprived of patria potestas of other of [sic] their children and have been unable to resolve the problems that led to the loss of patria potestas.
(d) If the father, mother, or person responsible for the minor has caused severe physical harm or has incurred in severe abuse and/or neglect of the minor, putting his or her health and physical, mental, and emotional integrity at grave risk.
(e) If the father, mother, or person responsible for the child incurs in a conduct of using a child to commit a crime or in conduct or conducts which, if criminally prosecuted, would constitute crimes such as murder in the first or second degree; aggravated assault, extenuating aggravated assault; sexual assault; lewd acts; human trafficking for sexual purposes; remittance, transportation, sale, distribution, publication, exhibition, or possession of obscene materials or obscene shows, and exposing children to those crimes; kidnapping and aggravated kidnapping; child abandonment; child abduction, child corruption, as typified in the Penal Code of the Commonwealth of Puerto Rico.
(f) If the father, mother, or person responsible for the child, as accessory, covers up or conspires to commit one (1) or more of the crimes listed in clause (e) of this subsection, as typified in the Penal Code of the Commonwealth of Puerto Rico.
(g) If the father, mother, or person responsible for the child incurs in obscene conduct as defined in the Penal Code of the Commonwealth of Puerto Rico.
(3) No reasonable efforts shall be made to reunite a minor with his or her father, mother, or person responsible for him or her under the following circumstances:
(a) The efforts to change the behavior of the father, mother or person in charge of the minor have been unsuccessful after six (6) months of having initiated the service plan, according to the evidence presented in the case.
(b) When a father, mother, or person responsible for the minor has stated that he or she has no interest in being reunited with the minor.
(c) When a health care 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 or her from benefiting from reunification services and he or she will not be able to care properly for the minor.
(d) If the minor has been removed from the home previously, and after custody of the minor has been adjudicated to the father, mother, or person responsible for him or her, the minor, a sibling, or any other member of the family unit, is again removed for having been the victim of abuse and/or neglect.
(e) If the parents have been deprived of patria potestas of other of their another [sic] children and have been unable to resolve the problems that led to the loss of patria potestas.
(f) If the father, mother, or person responsible for the minor has incurred in any conduct specified in clauses (e) and (f) of subsection (2) of this section.
(g) If the father, mother, or person responsible for the child incurs in conduct that, if criminally prosecuted, would constitute aiding and abetting, attempting, conspiring, soliciting, or prompting the commission of crimes that attempt against the health and physical, mental, or emotional integrity of the child, as provided in Penal Code of the Commonwealth of Puerto Rico.
(h) If the father, mother, or person responsible for the child incurs in obscene conduct, as defined in Penal Code of the Commonwealth of Puerto Rico.
(i) When a healthcare professional certifies that the father and/or mother or person in charge of the minor is afflicted by chronic abuse of a controlled substance that prevents the return of the minor to the custody of any of the former within a period of six (6) months after having initiated the proceedings.
(j) When, in light of the circumstances, the court rules that family reunification shall not inure to the wellbeing of the minor.
In the event that the court determines, as provided in the guidelines established under this chapter that no reasonable efforts shall be made, a permanency hearing shall be held within fifteen (15) days following such ruling.
History —Aug. 1, 2003, No. 177, § 50; Aug. 7, 2008, No. 193, § 2; Dec. 18, 2009, No. 186, § 28; Dec. 17, 2010, No. 205, § 1.