P.R. Laws tit. 8, § 447t
In situations of domestic violence, in which the survivor of domestic violence is not the perpetrator of the child abuse, the provisions of this chapter must not be interpreted so as to entail the removal of minors from their home without first making a reasonable effort for the protection of the minors and of the persons undergoing a domestic violence situation.
When intervening in cases of abuse or neglect where domestic violence is also alleged, the technicians, social workers, or other helping professionals in charge of investigating and attending to situations of abuse, together with their supervisor, and making use of their professional criteria in the screening and investigation process, must do the following:
(a) Evaluate the risk that domestic violence entails for the surviving minors and victims of domestic violence, taking into account the circumstances of each particular case in order to promote the safety of the victims.
(b) Provide and coordinate protective and support services to attend to the surviving victims of domestic violence, such as helping to place them in a shelter, contacting the police, obtaining a protective order, advising them of their rights, making an effort to remove the aggressor from the home, among others measures. The victim must also be made aware of the impact of violence on minors.
(c) Take the corresponding steps to separate aggressors from their victims and to have them assume responsibility for their violent conduct, after giving the victims the opportunity to understand all their options and all the services available to them. These actions shall be taken as part of the efforts needed to protect the victims.
(d) In cases where it is necessary to remove custody of the minors from the surviving victim of domestic violence, the latter must be informed of his or her rights and options, including his or her right to be represented by an attorney during the whole process.
History —Aug. 1, 2003, No. 177, § 51, eff. 90 days after Aug. 1, 2003.