P.R. Laws tit. 8, § 449b
Any relative or interested party, as well as the physician, teacher, officer of the institution where the minor is found or undergoing treatment, or a family service social worker or technician of the Department shall report any emergency to the hotline of the Department, the Puerto Rico Police, or the local office of the Department so that the emergency procedure provided for in this chapter may be initiated, after the corresponding investigation.
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, pursuant to § 449 of this title, which [puts] the health, safety, and wellbeing of a minor at risk, the family service social worker or technician of the Department, or an employee or official of the Department of Justice designated for the purpose shall appear before a judge to state under oath, briefly and simply, using a form prepared for this purpose by the Office of Courts Administration which indicates and shows that the health, safety, and wellbeing of a certain minor is in danger if immediate action is not taken to protect him or her. The technician, social worker, or employee or official designated by the Department of Justice shall clearly indicate the specific facts that serve as the basis for the petition for an emergency remedy.
In the event of an emergency situation that [puts] a minor’s life, physical, mental, or emotional health in imminent danger as a result of a situation of institutional abuse or institutional neglect, the parent, the person responsible for the minor, or a person bound to report may appear before the court without the prior submission of a referral to petition for an emergency remedy to guarantee the minor’s health, safety, and wellbeing. In such cases, the court shall order the appearance of officials of the Department who, upon being notified of the petition, shall inform the Abuse 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 for the wellbeing of the minor and shall give notice of the temporary remedies to the parties summoned for the initial hearing.
Once a petition of 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 minor whose protection is being requested, the Department, the Family Advocate, and any other officials of the public, private, or privatized agencies summoned, within a period not to exceed five (5) days.
In the initial hearing, the court shall issue a resolution or order determining whether any of the alternatives provided in § 449c of this title is in order. The court may vacate any ex parte order issued, or extend its effects for the period he or she may deem necessary, or until the hearing provided for in § 449d 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 local office of the Department, and the Office of Minors and Family Affairs assigned to the corresponding judicial region, the Court of First Instance, Family Relations Part, or Minors’ Affairs Part, within the twenty-four (24) hours following issuance of said resolution or order.
History —Aug. 1, 2003, No. 177, § 67; Sept. 16, 2004, No. 352, § 4.